Legal Opinion

In Re Kandarian

California Supreme Court

Decided December 5, 1921No. Crim. No. 2421PublishedCited by 7 opinions

APPLICATION for a Writ of Habeas Corpus to secure release from custody for contempt of court for refusal to turn over moneys to a guardian of estates of minors. Denied.

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APPLICATION for a Writ of Habeas Corpus to secure release from custody for contempt of court for refusal to turn over moneys to a guardian of estates of minors. Denied. The petitioner in violation of an order of court refused to turn over to the guardian of the estates of her minor children certain moneys belonging to them, on the grounds that such guardian was not their legally appointed guardian and that she, as their mother, was entitled to letters of guardianship of their persons and estates.

1Opinion of the CourtShaw, C. J.

The petition for a writ of habeas corpus herein is denied for the following reasons;

[1] 1. The superior court of Fresno County has jurisdiction and power to appoint guardians.

[2] 2. The fact that the petitioner was the mother of the minor children and as such would be entitled to their guardianship does not make the appointment of K. Kandarian as such guardian void. It is presumed, in the absence of any showing to the contrary, that the proper notices and proceedings leading up to the appointment of K. Kandarian were had. This being so, an order appointing a guardian is valid, except on…

2Cited by7 opinions

  1. People v. LewisCalifornia Supreme Court · 1933
  2. August v. BurnsMontana Supreme Court · 1927
  3. Hopkins & Carley v. GensCalifornia Court of Appeal · 2011
  4. Hearn Pacific Corp. v. Second Generation Roofing, Inc.California Court of Appeal · 2016
  5. Janice M. v. Misty F.California Court of Appeal · 2011

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