SPEAR, Justice.
The original opinion herein released on November 14, 1969 is withdrawn, the petition for rehearing thereon denied, and this opinion substituted therefor.
This action arises out of a dispute in the probate court over the appointment of a testamentary guardian for a three year old child. On appeal to the district court, respondent Alice Halse, the child's paternal aunt, was granted summary judgment appointing her testamentary guardian, despite...
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