79 Mo. App. 566 | Mo. Ct. App. | 1899
Henrietta Berry, the appellant, is a widow residing in the city of Hannibal in this state. She is the mother of two infant children, Edna, aged eight years,
Erom the bill of exceptions it appears that Mrs. Berry in November, 1897, being financially unable to care for her children placed them in the hands of respondent, to remain there until her financial condition should so improve as to enable her to take care of her children. Subsequently she obtained from the general government a pension certificate allowing her eight dollars per month as the widow of a dead soldier, and two dollars per month to each of her children, and received also three hundred and odd dollars as back pension. With the $300 she built a small but comfortable dwelling on lots in the city of Hannibal which she owned in her own right. After receiving the pension certificates and back pay she demanded the return of her children; whereupon the respondent filed its petition in the probate court for its appointment- of guardian of said children under the provisions of section 5338, Eevised Statutes 1889. The evidence does not show that Mrs. Berry had abandoned her children, but on the