Tutorship of Peavy

STOKER, Judge.

This is a tutorship-custody proceeding. Petitioner-appellee, Joe Dan Gibbs, sought custody of and appointment as tutor of the minor children, James Robert Peavy and John Daniel Peavy, after the death on February 10, 1987 of their father, Robert Lawrence Peavy. Joe Dan Gibbs is the brother of the minor children’s mother, appellant herein, Deborah Kay Gibbs Peavy. The trial court confirmed petitioner’s appointment as tutor, and Deborah Peavy has appealed that judgment. Deborah Peavy asserts on appeal (1) that the trial court erred in awarding custody of the minor children to…