Duncan v. Wiley

WILSON, Presiding Judge:

At issue in this ease is the trial court’s appointment without notice of non-Indian successor guardians for three par-entless Indian children.

Lena and Walter Duncan, fullblood Cherokee Indians, are the paternal grandparents of Donovan, Don Wayne and Steward James Duncan. The boys’ parents are deceased. On September 18, 1979, Linda Lit-tledeer, one of the boys’ aunts, petitioned the court for Letters of Guardianship.

Lena and Walter were present at the hearing on Linda’s petition. Roy Duncan, Lena and Walter’s son, and his wife, Mary, also petitioned the court for…