PEEK, J.
This is an appeal from an order of the Superior Court of Mendocino County appointing Patrick G. Murphy, a maternal uncle, as guardian of the person of Gerald Vierra, a minor of the age of 8 years. The appellant is the father of the boy.
The petition alleges that following the divorce of the child's parents his custody remained with his mother who is now confined to the Mendocino State Hospital as an insane person.
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