Imperial Valley press., 1920-03-05

J uuScS Ill JIllo SoAN - Si'Si'
an undetermined sum. he has pro-
cured no order of court authorizing
him to sell or to purchase or to mort
gage any of the property OF his wards
or to procure a loan or advance from
the Associated Raisin Company.
The guardian is the step-father of
one of the minors. He and the pa
rents of the minors were born in
Japan.
At the time the petition for letters
of guardianship was heard the con-
tract to PURCHASE the land was not
produced.
The guardian testified at this hear
ing hat he did not know that he had
to file an inventory, that his attorney
had not told him he was required to.
His attorney testified that he could
not remember telling the guardian
that he need not file an inventory;
that he withdrew from the practice
of law for a year after the appoint
ment was made and resumed pr'.tice
a short time before the order to show
cause was made.
To Evade Law. ...
The account filed Jan. 5, 1920, shows
that the guardian has paid out con-
siderable money for farming mple-
ments and other material necessary in
planting land to vines and raising
fruit thereon, including 1000 grape
stakes. ....
The contract for the purchase of
the real property is very peculiar; it
provides that these infants under the
age of two years shall have immediate
possession of the realty. The parents
agree to buy said real property and
to pay for it and to pay all taxes and
assessments unon it; they, also agree
at all times during the life of the
contract to take good and .farmerlike
care Of said property and sthea vines
growing thereon. Notwithstanding
this covenant. the guardian of his own
volition has taken charge of the. prop4
erty, proceeded to develop it and farm
lit for said minors, and made several
contracts without any authority from
the court.
1t seems to me that this contract
was entered into to evade the alien
land law which forbids aliens inelig-
ible to citizenship to acquire, possess,
enjoy. transmit and inherit real prop
erty or any interest therein in this
state.
The manner in which the property
has been handled tends to confirm the
view that the real purpose of the con-
tract was to effect an invasion of the
alien land law. Although it appears
that upon final payment the title shall
go to the minors, still the parents un-
der their agreement that at all times
during the life of the contract they
must take good and farmerlike care
of said property and the vines grow
ing thereon give them the right tC
occupy it for that purpose even tC
the exclusion of the guardian. So fan
as the contract requires any affrma-
tive action on the part of the minors
as taking and holding possession OF
said property or their giving consent
to improve the property beyond what
is necessary to keep it in good condi
ton, or to permit any of the income
to be used in payment of the purchase
price, the agreement is void under
Section 33 of the Civil Code, nor coule
| they prior to the age of Is wears &C
kcept the provisions of contract made
| for their benefit relating to the rea
property or any interest therein.
Guardianship Revoked.
Section 1913 Of the Civil Code pro
vides that every guardian must re
/ turn to the court verified inventory
of the estate of his ward within thres
months after his appointment HI
must annually thereafter, and al
such other times as directed by the
court, render verified account Of
the estate of his ward. He has done
neither of these acts. In addition tt
these delinqucncics he has entered
into contracts regarding the propert!
of his wards, made extensive pur
chases of personal property, Dor
rowed money on the crop produced
invested largt sums in planting tht
property to grapes, without having
procured any order of corut; anC
has also, without authority of law
used part of the money arising from
the sale of the crops to make pay
ments on the purchase price of the
real estate. In the contract of pur
chase the parties of the second part
Masagi Watanabe and Yasue Hiruma
! agree 10 pufcndSe lne ldHu ana 10 pay
the whole purchase price therefor
There is no provision in the agree.
ment that any part of the purchase
price shall be paid from moneys de-
rived from any sales of any crops pro.
duced upon the premises
| 1t does not appear that said guard.
tien has offered any legitimate ex
cuse for his failure to comply with
the, provisions of the law in these
many matters, and especially for his
failure to file an inventory as re.
0uired. and an order will be entered
that his letters of guardianship be
revoked and that he be removed from
the office Of guardian of the estates
of said minors.
An application for the appointment
of some other. person. as guardian il
his stead will ID be considered by the
court if reasonably made. f;%
w. 3. WALLACE.
" 'g1e4 j. A.. ALLEN, IN
" Superior Judges
Dated: February "a, 1920.
\ Wasllburn's Famous M;nstrels a