Heffernan v. Butler

Citations

• 85 Wash. 190
• 147 P. 1153
• 1915 Wash. LEXIS 1268

Syllabus

<p>Insane Persons — Appointment oe Ancillary Guardian — Action to Vacate — Evidence. In an action by a guardian for a person of unsound mind, appointed in the state of Florida, to vacate an appointment of a guardian for the same ward in the state of Washington, evidence showing the neglected condition of the ward in Florida was material as tending to show the good or bad faith of the Florida relatives, who had agreed to support and care for her in consideration of lands conveyed to them by her deceased husband, and as tending to advise the court of her condition so that her rights to protection might be made known.</p> <p>Insane Persons — Residence oe Insane Person — Guardianship. A finding is warranted that an incompetent, for whom guardians had been appointed, both in the state of Florida and in the state of Washington, was a resident of this state where there is nothing to show that she and her husband had ever acquired a legal residence in Florida, other than the investment of money there and several visits to that state, on one of which the husband died, while on the other hand they had valuable interests in this state, and it is conceded that, at all times prior to the last visit to Florida, they had been citizens and residents of the state of Washington.</p> <p>Insane Persons — Propriety op Appointment of Guardian — Property of Ward — Chose in Action. A right of action by a person of unsound mind, to set aside a conveyance executed by her while laboring under the disability of mental incapacity, constitutes property in the county wherein the realty is located, and warrants the appointment of a guardian therein for the enforcement of her interests.</p> <p>Insane Persons — Protection of Incompetent — Domicile—Power of Court. The appointment of a guardian for the estate of a person mentally incompetent, is within the power of the superior court of the county wherein such incompetent has property, whether such incompetent be a resident or a nonresident of the sta