In re Tutorship of Robertson

BOLIN, Judge.

Petitioner, mother of the minor Monna Robertson, filed a rule nisi on April 21, 1972, alleging she is entitled to be confirmed as natural tutrix and seeking removal of Loyce Robertson as tutrix for Monna Robertson. Following trial of the rule, the district judge rejected petitioner’s demands and she has appealed. For reasons hereinafter expressed, we remand the case to the lower court.

In his written reasons for judgment the trial judge found that the evidence presented was insufficient to warrant removal of the tutrix since she had the permanent care, custody and control of the…