In Re Perry

Dissenting Opinion.

Nichols, J.

(dissenting)—I concur in so much of the opinion of the majority in this case as seems to hold that the custody of the little girl involved is with the guardian regardless of the proceedings for her adoption by appellant, but it appears by the record that both the appellant and the guardian have misapprehended their rights and the rights of the little girl in this regard, and such rights should be made plain to them.

As at the time of the appointment of the guardian, her father and mother had died and her adoptive father had no more interest in her welfare than to…