Tiller v. Villasenor

PEDEN, Justice.

This is an appeal from an order awarding custody of three minor sons of the appellant to the appellee, who was the brother of their deceased father. Appellant had filed a ha-beas corpus proceeding, and, after a non-jury hearing, the trial court refused to grant the writ.

At the time of the hearing, which was held soon after the death of their father, the ages of the boys in question were 16, 14 and 12 years. They had lived with their father since their custody had been awarded to him when the boys’ parents were divorced in 1964, but had stayed with the appellant, their mother,…