Estate & Guardianship of Zimmer

Citations

• 1 Coffey 142

Syllabus

<p>Guardian—Nomination by Minor.—A minor, aged sixteen years, who is intelligent and of fair education, is legally competent to nominate her own guardian, subject to the court’s approval.</p> <p>Guardian—Nomination by Minor.—Although an intelligent minor over fourteen years of age is competent to nominate its own guardian, and its intelligent preference for a guardian must be considered, yet the court must be guided in its determination by what appears to be for the child’s best interests, as to its temporal, mental and moral welfare.</p> <p>Guardian.—The Nomination and Preference of the Minor in this case of. her aunt for guardian as against the child's mother, who had remarried after divorce from the child’s father to one who was the object of the child's aversion—discussed, but not decided.</p> <p>Guardian—Nomination by Minor.—In this case it was held that an application for guardianship by the minor’s nominee should be denied, although the applicant and minor were closely related and affectionately disposed toward each other, having lived and loved as if mother and child for years; it appearing that, from the circumstances of the applicant, a grant of guardianship would not be for the best interests of the child as to its temporal welfare.</p> <p>Guardian—Nomination by Minor—Nonresidence.—Where an applicant for guardianship of a minor, claiming as the minor's nominee, is a nonresident of the state, and only awaits the determination of the application to return home, the court will not be justified in confirming the minor’s choice, even if legally permitted to do so.</p> <p>Guardian—Nomination by Minor.—In this case the court, in determining an application for guardianship upon the nomination of the minor over fourteen years of age—involving the minor's competency and the applicant’s rights, with the court’s duty in the premises—considered and construed sections 1748, 1749, Code of Civil Procedure, and section 246, 253 (subdivision 6), Civil Code.</p>