IN RE: THE ESTATES AND GUARDIANSHIPS OF MARY JANE TIERNEY (1944)

District Court of Appeal, Second District, Division 1, California.

IN RE: THE ESTATES AND GUARDIANSHIPS OF MARY JANE TIERNEY, JOAN KATHERINE TIERNEY AND JOHN ALLEN TIERNEY, MINORS. FREDERICK SCRIBNER, PETITIONER, CO–GUARDIAN, APPELLANT AND RESPONDENT, v. LYNDOL L. YOUNG, CONTESTANT, SURVIVING TRUSTEE, RESPONDENT AND APPELLANT, THE FARMERS & MERCHANTS NATIONAL BANK OF LOS ANGELES, PETITIONER AND CO–GUARDIAN.

Civ. 14396.

Decided: March 15, 1944

Lillick, Geary, McHose & Adams, A. F. Mack, Jr., and Donn B. Tatum, all of Los Angeles, and W. C. Black, of San Francisco, for petitioner Scribner. Forrest F. Murray and Lyndol L. Young, in pro. per., both of Los Angeles, for contestant Young.

This is a companion case to the case of In the Matter of the Estate of Helen I. Tierney, Deceased, Cal.App., 146 P.2d 700, and involves the same questions of fact and the same principles of law, except that the instant case has reference to the appointment of testamentary guardians of the minor children of decedent, while the companion case involves issues respecting the testamentary trust created for the benefit of said children.

In the instant case appeals were taken by Frederick Scribner, as co–guardian, and by Lyndol L. Young, as surviving guardian, from the order of April 9, 1943, appointing Frederick Scribner and the Farmers & Merchants National Bank of Los Angeles as guardians under the will of Helen I. Tierney, deceased, and the matter is now before this court upon motions to dismiss said appeals.

For the reasons stated in the companion case of Estate of Tierney, supra, the motions are granted and the appeals are dismissed.

YORK, Presiding Justice.

DORAN and WHITE, JJ., concur.

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