In Re Guardianship of Nichols

The mother of five children, to whom custody had been awarded in a divorce decree almost five years before, died on May 15, 1965. A little over 80 days later, the father filed his petition to modify the decree and sought custody of the four minor children. An adult daughter, then 19 years old, intervened and asked that she be named their guardian and be awarded their custody. The trial court awarded custody of the oldest minor daughter to her adult sister, the intervening petitioner; and the custody of the remaining three children to their father. The intervening petitioner appeals. There is…