Duke v. Duke

SHORES, Justice.

We affirm the judgment of the circuit court and adopt Judge William R. Gordon’s opinion as our own:

“Robert E. Duke [the son of Mary Ola Duke] has appealed the decision of the Probate Court of Montgomery County, Alabama, which denied his petition to be appointed as guardian of his mother’s ... estate.

“Robert filed a petition with the probate court requesting that the court (1) declare his mother a partially disabled person in need of a guardian (Ala.Code [1975,] § 26-2-1); and (2) appoint him guardian of her estate (§ 26-2-40). A jury found Mrs. Duke to be a partially disabled…