Guardianship of Carrick v. Stoddard

98 N.W.2d 315, 250 Iowa 1181, 1959 Iowa Sup. LEXIS 440
CourtSupreme Court of Iowa
DecidedSeptember 22, 1959
Docket49749
StatusPublished
Cited by9 cases

This text of 98 N.W.2d 315 (Guardianship of Carrick v. Stoddard) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guardianship of Carrick v. Stoddard, 98 N.W.2d 315, 250 Iowa 1181, 1959 Iowa Sup. LEXIS 440 (iowa 1959).

Opinion

Oliver, J.

The basic issue in this case is the guardianship, which carries with it the custody of the person, of Cynthia Ann Carrick, born October 19, 1956. Cynthia, frequently called Cindy, was the only child of Clyde and Martha (Marty) Car-rick who lost their lives July 2, 1958, in a flood in western Iowa. The contest over the guardianship of C'indy is nominally between Marjorie O. Carrick, the adoptive mother of Cindy’s father, Clyde Carrick, and Ernestine E. Stoddard, the natural sister of Cindy’s mother, Martha Carrick. However, the cus *1183 todial controversy necessarily involves also Harold Carrick, the husband of Marjorie, and William H. Stoddard, Jr., the husband of Ernestine.

Also involved are Beth Penninger, the adopted daughter of the senior Carricks, and her husband, Dale Penninger. Although they were not made parties in this case the Penningers were brought into the picture by the application of the senior Mrs. Carrick, as Cindy’s guardian, for authority to execute consent to Cindy’s adoption by the Penningers. In that connection Mrs. Carrick Sr. testified that if the court determined she (Mrs. Car-rick Sr.) should not have Cindy’s custody, she would like to have Beth and Dale Penninger rear the child.

Appellee, Ernestine E. Stoddard, and her husband, William H. Stoddard Jr., are the natural parents of Linda Stoddard, born in June 1955. William H. Stoddard Jr. had been in the United States Air Force for twelve years and in 191)8 was a Technical Sergeant stationed in Greece. Ernestine and their daughter, Linda, were with him. In July 1958 Ernestine Stoddard returned from Greece by air for the funeral of her sister Martha Carrick and Martha’s husband, Clyde. Thereafter William Stoddard’s tour of duty in Greece was terminated and he was assigned to the Air Force Base at Little Rock, Arkansas.

Ernestine Stoddard and Martha Carrick had been very close to each other. When their mother died, Ernestine, then sixteen, left high school and took over the care of the Mississippi farm home and of Martha who was then age ten years. About four years later Ernestine married airman Stoddard. He was stationed at Cheyenne, Wyoming, for several years. Martha went to Cheyenne and lived with the Stoddards until her marriage to Clyde Carrick, some years later. During that period Martha attended and graduated from Cheyenne high school and was supported, cared for and advised by Ernestine, almost as a daughter.

Clyde Carrick was then stationed at the base chapel in Denver, Colorado. He married Martha in 1955, 'and they lived in Denver. While the Stoddards lived in Cheyenne the two young couples frequently spent their week ends together. Later the Stoddards were transferred to Florida and were there visited by Clyde and Martha. Thereafter Ernestine accompanied *1184 by her daughter, Linda, went from Florida to Denver to help Martha when Cindy was born, in October 1956. In the meantime Sergeant Stoddard had been transferred to Greece.

Until Ernestine joined her husband in Greece several months later, she and Linda lived with Martha, Clyde and Cindy in Denver. A witness testified Ernestine was up with Cindy night and day, like Martha, fed Cindy part of the time and otherwise cared for her. This witness testified also to conversations between Clyde, Martha and Ernestine shortly before Ernestine and Linda went overseas. “They discussed Cindy and Linda and mentioned the fact that they could grow up together as twins practically; * * * if anything happened to Ernie and Bill, Clyde and Marty were to take Linda and raise her as their own, and Ernie and Bill would take Cindy if anything happened to Clyde and Marty.” Subsequent correspondence between Martha in the United States and Ernestine in Greece, (letters signed Clyde, Marty and Cindy to Ernie, Bill and Linda and vice versa) shows the continuing affection of each young family for the members of the other.

The senior Carricks owned and operated a 160-acre farm near Bagley, Iowa. In January 1958 they moved to Bagley aij,d arranged with their adopted son, Clyde, to operate the farm on a share-rent basis. Clyde and Martha, with their baby, Cindy, came from Denver, Colorado, and occupied the farm until Clyde and Martha lost their lives six months later. During that period the senior Carricks spent much time art the farm and occasionally cared for Cindy at their home in Bagley. Cindy was left at the home of the senior Carricks when her parents took the trip upon which they lost their lives.

The record indicates Clyde and Martha were not happy living upon the Carrick farm and were arranging to return to Denver, despite anticipated hardships. Apparently this was due largely to personality clashes between them and the senior Car-ricks, resulting from what Clyde and Martha thought was too much surveillance and dictation by Clyde’s, adoptive parents.

July 7, 1958, upon the petition of the senior Carricks, the Clerk of the District Court of Guthrie County made an ex parte order appointing Marjorie O. Carrick guardian of the person and property of Cynthia Ann Carrick. August 12, Ernestine E. *1185 Stoddard, made application for review - of the appointment. August 12, 1958, the Stoddards filed petition to adopt Cynthia. September 25, Mrs. Carrick filed Resistance to said petition. September 27, Mrs. Carrick filed Application for Authority to Execute Consent to Adoption of Cynthia by Beth Penninger and husband. After a pretrial conference the ease was tried in equity September 27 (to 29, 1958.

Marjorie Carrick testified Clyde’s estate, which Cindy inherited, consisted only of his automobile and his share of the 1958 crop and increase of the livestock on the farm. Clyde had three thousand dollars life insurance but Harold Carrick had paid the premiums and was the beneficiary named in the policies. However, Cindy had been allowed social security in the amount of $67 per month. Both the Carricks and the Stoddards testified they did not expect to use this for her support.

There is no suggestion in the record that' the persons interested in this ease are not of excellent character. Marjorie Car-rick is and has been an active leader in religious, educational and civic work in and around Bagley. Her husband, Harold, was a successful farmer with similar interests. They have a good home in Bagley and substantial income from their property. Marjorie Carrick is a diabetic and requires insulin and a special diet but has not been incapacitated by her ailment and has been, in good health otherwise.

The record shows the Stoddards are a religious and wholesome young couple. At the time of the trial, Master Sergeant William Stoddard was drawing $350 per month and had life insurance, savings in a mutual trust fund and Government Bonds. He had been assigned to the Air Force Base at Little Rock, Arkansas, where he would be furnished an adequate new house and utilities for himself and family. That báse provides schools for children of its occupants, a chapel for religious services and swimming pools and other recreational facilities for adults and children.

At the trial Ernestine testified that upon her return from Greece for the funeral of Cindy’s parents she talked to the senior Carricks about taking Cindy.

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Bluebook (online)
98 N.W.2d 315, 250 Iowa 1181, 1959 Iowa Sup. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guardianship-of-carrick-v-stoddard-iowa-1959.