Rotter v. Rotter

SPEAR, Justice.

The original opinion herein released on November 14, 1969 is withdrawn, the peti-tion for rehearing thereon denied, and this ■opinion substituted therefor.

This action arises out of a dispute in ■the probate court over the appointment of .a testamentary guardian for a three year old child. On appeal to the district court, •respondent Alice Halse, the child’s paternal aunt, was granted summary judgment appointing her testamentary guardian, despite the fact that she had not petitioned for such appointment in the probate court. From that judgment, Ramona Rotter, the child’s mother,…