(Download) "Julian Ramirez v. Josefina Garcia De Bretado" by El Paso No. 6,507 The Eighth Court of Civil Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Julian Ramirez v. Josefina Garcia De Bretado
- Author : El Paso No. 6,507 The Eighth Court of Civil Appeals
- Release Date : January 16, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This case involves the question of who should be the guardian of the person and estate of two minors, Pablo Valles and Oswaldo Valles, whose natural mother is deceased and whose natural father has been declared non compos mentis. The trial Court, sitting without a jury, declared the Appellee, Josefina Bretado, guardian, and the contestant, Julian Ramirez, appeals that order. We affirm the judgment of the trial Court. Appellee is the maternal grandmother and Appellant is a paternal uncle. All parties agree that the trial Court has broad discretion in the selection of a guardian, and that discretion will not be disturbed except where it is shown that it has been abused. Cox v. Young, 405 S.W.2d 430 (Tex.Civ.App. - Eastland 1966, writ ref'd n.r.e.). In our determination of whether the trial Court has abused its discretion, we are bound to consider the record as a whole. Flores v. Riveria, 473 S.W.2d 613 (Tex.Civ.App. - Amarillo 1971, writ ref'd n.r.e.). The record is full and complete as to the qualifications of the two persons seeking to be guardian; it contains all of the matters which the Court would need to determine who would be the most suitable person, considering that the welfare of the children is paramount and controlling. Also, with the mother deceased and the father non compos mentis, the children are, for all practical purposes, orphans, and this brings into effect Sec. 109(b)(1) of the Texas Probate Code, which provides: