In re Masterson's Estate

• Decision Date: 15 December 1906
• Citation: 45 Wash. 48,87 P. 1047
• Court: Washington Supreme Court
• Parties: In re MASTERSON'S ESTATE.

87 P. 1047

45 Wash. 48

In re MASTERSON'S ESTATE.

Supreme Court of Washington

December 15, 1906

Appeal from Superior Court, Walla Walla County; Thos. H. Brents Judge.

In the matter of the guardianship of the person and estate of Gertrude Masterson, a minor. From an order appointing Emma J McManis guardian of the person, Ida M. Bischoff and another appeal. Affirmed.

John L Sharpstein, for appellant.

Marvin Evans, for respondent.

RUDKIN, J.

Gertrude Masterson, a resident of Walla Walla county, is a minor of the age of about 11 years. On June 17, 1898, when of the age of about three years she was legally and regularly adopted by one Sinah Masterson, and continued to reside with her adopted mother until the death of the latter some time during the year 1904. Upon the death of the adopted mother, Sarah I Smith was appointed guardian of the person of the minor, and continued to act as such until her death on the 22d day of January, 1906. Since the death of Sarah I. Smith the minor has resided with the respondent Emma J. McManis, a daughter of Sinah Masterson, deceased. Soon after the death of Sarah I. Smith, the respondent filed her petition in the superior court of Walla Walla county, praying that she be appointed guardian of the person and estate of said minor. Before the hearing on this petition similar petitions were presented to the court by the appellants Ida M. Bischoff and Katharina Bischoff, the natural mother and grandmother of the minor. The court heard all three petitions together, and appointed the respondent guardian of the minor's person and one A L. Lorenzen guardian of her estate. Ida M. Bischoff and Katharina Bischoff have appealed from that portion of the order appointing the respondent guardian of the person.

The court found that each of the petitioners was a suitable and proper person to be appointed guardian of the person of the minor, but that, by reason of the fact that the minor had spent nearly all her time during the past seven years in the homes of Sinah Masterson, Sarah I. Smith, and the respondent the latter was the most suitable person for the guardianship. If the welfare of the minor is the only question for consideration on this appeal, the order should be affirmed, as no abuse of discretion in the selection or appointment of the guardian is shown. If, on the other hand, either of the appellants has a legal claim to the guardianship, the order must be reversed, as the court has found that they are suitable and proper persons. Section 6399, Ballinger's Ann. Codes & St., provides that, 'the father of the minor if living, and in case of his decease the mother, being themselves respectively competent to transact their own business, shall be entitled to the guardianship of a minor.' Under this section the appellant Ida M. Bischoff was entitled to the guardianship, the father of the minor being dead, unless she waived or forfeited such right by consenting to the adoption of the minor by Sinah Masterson, now deceased...