111 Iowa 525 | Iowa | 1900
In April, 1898, the appellee herein filed, in the district court of Clarke county, a petition asking for the appointment of a guardian of the estate of J. M. Holcomb, who, it is alleged, was a person of unsound mind owning property in said county. In July, 1898, the appellant filed an application in which she set forth her appointment as the guardian of J. M. Holcomb in the state of Nebraska in April, 1898, and asked that his personal property then situated in Clarke county be transferred to her. Her application was denied, and the court appointed a permanent guardian, as prayed by appellee. Both parties concede the mental disability of J. M. Holcomb from birth. The appellee is a sister by adoption; the appellant is his stepmother, to whom his father was married in 1881. In 188^ his father died, and in March, 1897, the appellant married her present husband, David Harper. J. M. Holcomb lived with his father, Cyrus Holcomb, and the appellant up to the time
It is contended, however, that his estate will be lost to him if transferred to the appellant; but, as was said in the Benton case, supra: “We do not regard this as a material point,” for a certified copy of the bond filed by the guardian in Nebraska was filed in the district court of Clarke county, “and appears ample to protect the ward’s interests.” We think the fund in question should have been transferred to the appellant guardian as prayed. — Reversed.