60 Wash. 518 | Wash. | 1910
This is a controversy over the custody of Max Leander Wells, a minor, now three years old, son of Max Wells and Elsie Priest Wells, both deceased. The father died June 22, 1907, at Portland, Oregon. The mother then came to Seattle to the home of F. Boyd Wells and Mrs. Clarissa Ruelle, brother and sister of the deceased father
On January 5, 1910, F. Boyd Wells and Mrs. Clarissa Ruelle, filed a petition in the superior court of King county asking to be appointed guardians of the child. On the 11th day of January, 1910, Leander J. Priest and wife, maternal grandparents of the child, filed a petition in the superior court for Kitsap county asking for the adoption of the child. The adoption matter came on for hearing first, when counsel for Mr. Wells and Mrs. Ruelle appeared and objected to the jurisdiction of the court, upon the ground that the child was not a resident of Kitsap county but of King county. The proceeding upon that hearing resulted in counsel agreeing to the court ordering the transfer of the adoption matter to the superior court for King county for trial, on account of the convenience of witnesses, the jurisdiction question not being waived. Thereafter both matters were consolidated by the superior court for King county. Counsel for Mr. and Mrs. Priest objected to the jurisdiction of the superior court for King county to hear the guardianship matter, upon the ground that the child was not a resident of King county but of Kitsap county. Their theory seems to be that the court had jurisdiction of the adoption matter, but only because of the change of venue. The consolidated matters were tried by the court, resulting in the court finding that the child was
Learned counsel for appellants first contend that the court was without jurisdiction, because the evidence does not warrant the conclusion that the child was a resident of King county. This, of course, presents only a question of fact. Counsel for both sides proceed upon the assumption that it is to be determined by the domicile of the mother at the time of her death. The evidence is conflicting as to where she-considered her domicile was for some time prior to her death. The evidence upon this question is voluminous, and goes into-considerable detail relative to her residence covering the period following her husband’s death. While the evidence shows that she spent a considerable part of her time with her parents at Kingston prior to the spring and summer of 1909, it seems clear that she had been staying with Mrs. Ruelle at Seattle-for some time before going to New York, that she had her child there, and left it there with Mrs. Ruelle with the intention of returning to Seattle to take up her new work. We think the court was warranted in concluding that the residence of the mother and child was in King county. It follows that the court had jurisdiction.
It is next contended that the court erred in appointing respondents guardians and refusing to permit appellants to-adopt the child. We are convinced by the evidence that both the appellants and respondents are suitable both morally and financially to properly care for this child. Appellants were asking for adoption of the child, not for his guardianship. The language of § 1698, Rem. & Bal. Code, clearly contemplates that the matter of adoption shall rest in the sound discretion of the court. The order is to be made when the court “shall be satisfied of the fitness and propriety of such adoption.” It is possible for the superior court to abuse this-
“Darling Little Sonny:
“Before it is too late mother wants to write a letter to you so when you are a man you can read what I want you to be. Whatever you do precious, join a church as soon as you are old enough to understand what it means, and be an earnest Christian so you can come and be with me and father, and lover be good to auntie always. Be my brave little orphan and everything will be all right. Oh, sweetie I do so want my baby. Your loving mother,
“Elsie Wells.”
“Keep all the little things of mine dearie for your own wife and children. Have a nice home for auntie Maud, won’t you.”
Clearly, the learned trial court did not abuse its discretion in denying appellants’ petition for adoption.
Since no one but respondents applied for guardianship of the child, and the evidence shows that they are well fitted in every way to assume such guardianship, and manifest a willingness to bear the expense of his proper care, being fully able to do so, he having no estate; we see no reason' for interfering with the order of appointment.
Appellants moved for a new trial upon the ground-of newly discovered evidence. We find no merit in the motion. The
We conclude that the learned trial court rightly disposed of the matters. Its judgment is affirmed.
Rudkin, C. J., Mount, Fullerton, and Goss, JJ., concur.