Killey v. Hammersmith

Citations

• 15 Cal. App. 244

Syllabus

<p>Guardianship of Incompetent Person—Petition to Revoke Letters —Order for Citation—Answer—Waiver of Objection to Citation.—Upon a petition to revoke letters of guardianship of an incompetent person, and to appoint petitioner as guardian, where the order for the citation to issue is in the record, but not the citation itself, though the record recites that citation was issued pursuant to the order, and the guardian came in and answered fully, and had no difficulty in answering because of any insufficient statement in the citation, and as it had served its purpose, she has no cause to complain upon appeal that the citation had no sufficient statement of the nature of the proceeding to enable her to answer the petition.</p> <p>Id.—Service of Citation—Next of ICin Need not be Served—Petition.—The petition is not required to set forth the next of kin, in order that the citation may be served upon them. The statute only contemplates the service of the citation under a petition to revoke letters of guardianship upon the guardian sought to be removed and does not contemplate service thereof upon the next of kin.</p> <p>Id.—Qualification of Petitioner as Friend of Incompetent.—The averment in the petition to revoke the letters of guardianship and to appoint petitioner as such guardian, as to the friendly relation of the petitioner to the incompetent, and also to her deceased husband for many years, is sufficient to set forth the qualification of the petitioner to appear as the friend.of the alleged incompetent.</p> <p>Id.—Sufficiency of Petition—Ordinary Tests of Pleading not Applicable.—In proceedings of this character, the petition is not subjected to the tests given to complaints in actions at law; but the petition is sufficient, where its statements fully inform the court as to why it should interfere for the protection of the incompetent, and authorized the court to inquire, from its averments, whether the guardian had abused her trust, or was guilty of continued fail