Studebaker v. Hogen

Citations

• 104 Wash. 265
• 176 P. 339

Syllabus

<p>Guardian and Ward — Appointment by Will — Validity — Statutes — Repeal. The act of 1860, Rem. Code, § 1643, providing that the father may by -will appoint a guardian for his minor children, was repealed by the act of 1879, Rem. Code, § 5932, providing that, upon the father’s death, the mother shall come into as complete control of the children as the father does in case of the mother’s death; and makes such a provision in a father’s will void.</p> <p>Same — Appointment—Mother. The appointment of a mother as guardian of minor children upon the death of the father is proper where she was a suitable and proper person and there was no showing to the contrary.</p> <p>Same — Appointment—Necessity op Property. Where a father left his property to trustees for the benefit of minor children until they became of age, no guardian of their estate can be appointed, since the record discloses no estate belonging to the minors.</p>