People ex rel. Anderson v. Mott

Judgment unanimously reversed on the law without co^ts and petition granted. Memorandum: Petitioner and Ann R. Anderson were married in 1976 and divorced in September 1990. The divorce decree granted custody of the three infant children of the marriage to Ann R. Anderson and petitioner was granted visitation, which he regularly exercised. On March 22, 1992, Ann R. Anderson died in a motor vehicle accident and her Last Will and Testament named Mary K. and David L. Scribner, the children’s maternal aunt and her husband, as the children’s guardians. Petitioner commenced the present habeas corpus…