State Missouri Ex Rel. John R. Musser V‪.‬

These are two original proceedings initiated in this court by the relator, John R. Musser, seeking relief against the rulings of the respondent Judge of the probate court of Buchanan County, Missouri. The first seeks a writ of mandamus to compel the respondent to allow an appeal from respondent's ruling on relator's ""Application for Removal of the Guardian of the Person and Estate of Mary Musser."" In the other case, relator filed an affidavit to disqualify the probate Judge, which was denied, and he now seeks our writ of prohibition to prohibit the respondent Judge from proceeding to hear and determine his motion to set aside previous orders directing the sale of real and personal property of the estate of Mary Musser and permitting one Eleanor Thompson to recover certain described personal property from said estate. These two cases were consolidated by order of this court and may be disposed of in one opinion. On January 28, 1969, the probate court of Buchanan County, Missouri, acting on the petition of one Mildred A. Hines, found Mary Musser to be an incompetent and appointed the said Mildred A. Hines as her guardian to have custody of the person and charge of the estate of the said Mary Musser. On application of the guardian, the court ordered such guardian to sell the real estate and personal property of the ward. Within a few days thereafter, the relator, who is a nephew of Mary Musser, filed his application in probate court to remove the guardian. After hearing, the probate court denied the application to remove the guardian on the basis that ""the said applicant has failed to plead and prove any grounds for the removal of said guardian within the purview of Sections 475.100 and 473.140, R.S. Mo., 1959.""