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eBook details

• Title: Mauna Kea Power Co. v. Board of Land and Natural Resources
• Author : Hawaii Supreme Court
• Release Date : January 24, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

This appeal involves the sufficiency of count 2 of plaintiffs amended petition, filed July 8, 1944, and an amendment thereto. Said count states in substance that the two plaintiffs are daughters of defendant, Claus Schwitzer, who is past eighty-eight years old, of unsound mind, and incompetent to manage his property and business affairs; on November 18, 1941, defendants daughters, Alvena and Rosie Telsrow, procured defendant and his wife to sign a petition under section 12617, Code, 1939, for the appointment of said Alvena and Rosie as guardians of the person and property of their father and mother, had said petition presented to the district court and an order entered appointing the said Alvena and Rosie guardians of the person and property of their father; since then, Alvena and Rosie have been acting as guardians under that appointment; at all times since some years prior to such appointment, defendant has been entirely under the domination and control of his daughters Alvena and Rosie; when guardians for defendant were appointed on November 18, 1941, defendant was, because of mental incapacity, not a person entitled to petition for a guardian under Code section 12617; defendant, because of his existing mental incapacity, should be adjudicated incompetent and a guardianship based upon such adjudication established.

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