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IN RE GUARDIANSHIP OF HOWARD

No. 6549.

349 P.2d 547 (1960)

66 N.M. 445

In the Matter of the GUARDIANSHIP of the Person and Estate of Frank HOWARD, a Minor. Juan GARCIA, Appellee, v. Cecelia GARCIA, Appellant.

Supreme Court of New Mexico.

February 19, 1960.

Attorney(s) appearing for the Case

Kool, Krannawitter & Kool, Albuquerque, for appellant.

Mabry & Mabry, Albuquerque, for appellees.

COMPTON, Justice.

Frank Howard, a minor of the age of 13 years, while under guardianship of the appellant, his aunt, appointed appellee, brother of appellant, to be his guardian. The applicable statute reads:

"Any minor more than ten (10) years of age, whose person is under the guardianship of any person not the mother or father, and preferring some other person as guardian of such minor person, may appoint such person to be guardian, and submit the appointment...

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