128 Minn. 324 | Minn. | 1915
Proceedings for the appointment of a guardian for an alleged incompetent person. The appointment was ordered by the probate court, from which an appeal was taken to the district court.' After trial and full hearing in that court findings of fact were made and the order of the probate court affirmed. A new trial was denied, and thereafter judgment was duly entered, in all things affirming the order of the probate court, from which judgment this appeal was taken.
The assignments of error present the questions: (1) Whether the evidence is sufficient to support the findings; (2) whether the findings justify the conclusion of incompetency; (3) whether the trial court erred in requiring the alleged incompetent to submit to cross-examination upon the question of her mental condition; (4) whether there was error in the admission of certain evidence.
1. The first two questions may be considered together. The al
2. The alleged incompetent was personally before the court on the hearing below and, over the objection of her counsel, was called “for cross-examination under the statute,” and fully interrogated by counsel for the petitioners touching various matters having a relation to her mental condition. It is insisted by her counsel that this was reversible error. In this contention we do not concur. In the determination of the question whether the appointment of a guardian of an alleged incompetent person is proper and necessary, the court is not controlled by the ordinary forms of procedure regulating the trial of actions at law. It is a special proceeding authorized by statute in response to the duty of the government in the protection of that class of citizens who are incapable of fully protecting themselves. West Duluth Land Co. v. Kurtz, 45 Minn. 380, 47 N. W. 1134. It is not adversary in nature, but rather one by the state in its character of parens patrias, and the manner and method of determining the facts, when jurisdiction has once
4. The last question urged does not require special discussion. We discover no error in the admission of evidence, and the assignments charging such error are not well founded.
5. While we sustain the order of the court we deem it proper to say, that in view of the situation and circumstances surrounding the parties immediately concerned, as disclosed by the record, the son, George Prokosch, should be named as guardian. While it is true that he declined an invitation from petitioners to accept the trust, his refusal appears to have been based on his opposition to the appointment of any guardian. And though no objection appears to the person in fact named to act in this capacity, it is clear that the interests of Mrs. Prokosch will be best served by naming the son, who since the death of the husband has been the counselor, guide and assistant of his mother in her property affairs. The cause will therefore be remanded without prejudice to an application to substitute the name of the son as guardian.
Order affirmed.