In re Estate of Mathews

Citations

• 169 Cal. 26

Syllabus

<p>Guardianship of Minor—Preferential Bight of Parent.—Under the provisions of section 1751 of the Code of Civil Procedure, the father or mother of a minor child under the age of fourteen years, if found by the court competent to discharge the duties of guardianship, is entitled to be appointed guardian in preference to any other person, and the court must appoint a parent seeking to be appointed, unless it finds such parent incompetent, notwithstanding the judge is of the opinion that the child’s health and welfare may be promoted by giving it to another.</p> <p>Id.—Insufficiency of Evidence to Sustain Finding of Incompetency of Mother.—It is held in this proceeding that the finding that the another of the minor child in question is incompetent to act as its guardian and should be deprived of its custody, is not sustained iby the .evidence,</p>