Jorgenson v. Winter

Citations

• 69 Wash. 573
• 125 P. 957
• 1912 Wash. LEXIS 955

Syllabus

<p>Insane Persons—Restoration op Sanity—Discharge op Guardian—Jurisdiction—Notice—Adversary Proceeding. Under Rem. & Bal. Code, § 1671, providing tbat wben tbe court shall receive information that an insane ward has recovered bis reason, it shall immediately inquire into the facts, and discharge the ward if found to be of sound mind, no notice to the ward is necessary to authorize a discharge of the guardian, since the court has jurisdiction through the appointment and qualification of the guardian, and the proceeding is not an adversary proceeding requiring notice.</p> <p>Judgment — Jurisdiction — Presumptions—Collateral Attack. An order discharging a guardian of an insane person by a court having general jurisdiction, will be presumed to have been regularly made until the contrary appears, and is conclusive on collateral attack.</p> <p>Insane Persons—Restoration op Sanity—Conveyance—Mental Capacity. Where a person who had been adjudged insane was discharged as restored to capacity and his guardian discharged and he thereupon sold real estate for $2,500, the fact that two days later it was resold by the purchaser for $4,100 does not indicate that the sale was invalid for want of mental capacity.</p>