Gronfier v. Puymirol

Citations

• 19 Cal. 629

Syllabus

<p>Where a minor resides out of the State, the notice to be given to all persons interested, on the application of a party to be appointed guardian of such minor, is matter for the exclusive judgment of the Probate Judge. The manner in which, and the period for which, the notice shall be given, are subject entirely to his direction—with, perhaps, the right of appeal to the Supreme Court from the order of appointment.</p> <p>Third persons cannot question the validity of such order upon an allegation that the notice of the hearing of the application for the appointment of the guardian, under the statute, was insufficient.</p> <p>In this case, a purchaser at a judicial sale of partnership real estate filed his petition to be relieved from the purchase, on the grounds : first, that a nonresident minor was interested in the property, and that his general guardian, who represented him in the suit resulting in such sale, was appointed without sufficient notice having been given of the hearing of the application; and second, that a guardian ad litem ought to have been appointed: Held, that the notice having been according to the direction of the Probate Judge, the appointment of general guardian was properly made, the sale was valid, and the purchaser will not be relieved; and that no guardian ad litem was required.</p> <p>Where the Court does not specially appoint a guardian ad litem for a particular action, it is the duty of the general guardian to appear for his ward.</p> <p>The provisions of sections nine and ten of the Civil Practice Act, relative to the appointment of guardians ad litem where infants are parties, only apply where there is no general guardian, or where he does not act.</p> <p>Where the interests of the minor require it, the Court in which an action is pending will appoint a guardian ad litem, even though the minor may have a general guardian.</p>