Imperial Valley press., 1920-03-05

ions of the two superior court
Text of Opinion.
n On December &, 1919, an order was
entered in this court requiring Joe
Nishida. guardian of said minors, to
show cause why his letters of guar
danship should not be revoked for
his failure and neglect to file an in
ventory of his wards estate. In erS-
ponse to said order he appeared in
court on Jan. 3, 1920, with his attor-
new and a hearing was had. Docu-
mentary and oral testimony was pro-
duced
In the petition of Nishida to be
appointed guardian of the estates of
said minor, filed in this court on Dec.
| "a. 1917, it is averred that said minors
had estates consisting OF 30 acres OF
! land of the value of $4,000; that the
first named was then of the age OF one
year and, six months; and the second
about one year; that the only rela-
tives of Yaye Hiruma in this country
is the father, and OF Tatsuko Wat
anabe are the father and mother; that
| it was necessary that a guardian OF
the estate of said minors be appointed.
After hearing the court granted
the petition, and on Jan. 22, 1913, let
ters of guardianship of the estates
| of said minors were issued to Joe
/ Nishda. He has never filed an inven-
/ tory of the estates of his wards, but
4 at the time of the hearing requested
| the appointment of the inheritance
tax appraiser to appraise said prop
Ierty. His request was deferred pend
ing the hearing. On Jan. 3, at the
\ time of the hearing, he filed his FIRST
| account and report accompanied by
| a long list of vouchers, many OF which
were for the most part written IN
the Japanese language characters and
not understandable by the judge OF
this court.
] He reports his possession as guard
i ian of 80 acres of land purchased on
behalf of said minors by Marangu
I Watanabe. the father Of one, and Ya-
sue Hiruma, the mother of the other,
on April 2S, 1917, under an executory
contract. This contract was intro
! duced in evidence and is an agreement
"by and between G. G.. Duerksen and
Eva Duerksen, his wife, parties of the
| first part, and Matsagi Watanabe and
I Yasue Riruma, parties of the second
part"
Provisions of Contract.
4 1t provides that the parties OF the
4 first part, in consideration of the
/ agreements of the parties of the sec
ond part, agree to sell to the parties
of the second part and the parties OF
4 the second part agree to buy In the
n name and for the use and benefit OF
Il said minors. natural born citizens of
i the United States" in joint tenancy
4 and the survivors of them, the said
real property, for the sum of $4,000,
Il and the parties Of the second part
I in behalf of said minors, naming them,
promise and agree to and with the
parties of the first part to buy said
real property for the said minors in
Joint tenancy and to and for the sur
vivor Of them, and to pay therefore
the sum of $500 as follows: $500
.. which was then paid; the assumption
/. of note to c. l.. Adams for $4,000
secured by mortgage on said land,
which note and mortgage said parties
! of the second part agree to assume
and pay. The balance of $47O0 to be
/ paid in four annual installments with
interest on deferred payments. The
contract contains this provision:
1t is understood and agreed that
said Yaye Hiruma and Tatsuko
Watanabe shall have immediate
possession of said real property as
joint tenants; that the parties of
the second part herein shall pay
] all taxes and assessments that may
be levied on said land. 1t is fur
ther understood and agreed that
the parties of the second part will
at all times during the life Of this
agreement take good and farmer
like care of said property; also
that time is of the essence of this
contract, and should the said Yaye
Hiruma and Tatsuka Watanabe, or
the parties Of the second part for
them, fail to make any payments
of either principal or interest
agreed to be made, then the parties
of the first part may re-entcr saic
premises and remove all persons
therefrom and retain all sums of
money already paid as liquidated
damages.
Upon full payment being made il
is provided that grant deed shall be
executed and delivered to said mi
nors. The contract is signed by Ma
sage Watanabe and Yasue Hirums
as parties of the second part.
Acts Without Authority.
At the time the guardian was ap,
] pointed the wards had no persona
] property. The verified report and
account shows that the guardian has
purchased for said minors persona
! property for which he has paic
$1346.83; that he has made additiona
payments on said real contract in the
sum of 5000; that he has received
= from the mother and father Of Tat
suko Watanabe the sum, of $4,000, ant
from the mother Of Yaye Hiruma ths
sum of $4,000, and from Gugenheim
Co.. for raisins sold, $3.50. in all $3.50
1T also shows that he has paid ou
. THE total sum Of .$8188.87, which in
tcludes abotu S1469 on principal ant
interest Of contract; he also has casl
on hand $391.13, and undeh con
= tract he has with the Associated Rails
: in Company, from which he has pro
I cured a loan of $1280, he will reeeiv,
4 | bOut $500 in excess thereof for th,