Nigg v. Smith

Onva W. Nigg appeals an order of the Probate Court of Cullman County declaring her to be non compos mentis and appointing a guardian for her. On a prior appeal, this Court upheld the decree of a proceeding pursuant to Code 1975, § 26-2-51, to revoke the order declaring her insane. Nigg v. Smith,395 So.2d 47 (Ala. 1981). Nigg now makes a direct attack on the original order.

Justice Adams, speaking for the Court, stated the facts as follows:

"Nigg, 81 at the time of her petition, is a widow and lives alone. It is undisputed that her vision and hearing are impaired.

"Nigg's sisters, Leila Moore and…