Guardianship of Taylor
Superior Court of California, County of San Francisco
On December 8, 1882, Nathaniel Hunter, secretary of the California Society for the Prevention of Cruelty to Children, was appointed guardian of Frank B. Taylor, a minor, whose father was dead at the time and whose mother had been guilty of cruelty and neglect toward him.
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On December 8, 1882, Nathaniel Hunter, secretary of the California Society for the Prevention of Cruelty to Children, was appointed guardian of Frank B. Taylor, a minor, whose father was dead at the time and whose mother had been guilty of cruelty and neglect toward him. Thereafter the mother died, and on February 9, 1886, John Tucker, a cousin of the minor’s mother, applied for the revocation of the letters theretofore issued to Hunter, and for his own appointment as guardian. In his petition Tucker alleged that he had no knowledge of Hunter’s application until long after his appointment.
1Opinion of the CourtCoffey, J.
John Tucker bases his application for letters of guardianship upon three grounds:
1. He is a relative, and as such is entitled to the letters: Civ. Code, sec. 246, subd. 3, par. 4.
2. He is one who was clearly indicated by the wishes of the minor’s deceased mother, as her choice of guardian in case of her death: Civ. Code, sec. 246, subd. 3, par. 2.
3. He is one of the next of kin of minor, and as such has a natural right to the guardianship, at common law: Reeves’ Domestic Relations, 315.
The testimony shows that Tucker is competent to act as guardian, and that it is for the best interest of the…
2Cases cited5 opinions
- Underhill v. DennisNew York Court of Chancery · 1841
- Johnson v. KellySupreme Court of Georgia · 1871
- Lord v. HoughCalifornia Supreme Court · 1869
- Allen v. PeeteMississippi Supreme Court · 1852
- In re FeelyNew York Surrogate's Court · 1880