ROTTER v. ROTTER

No. 10341.

463 P.2d 928 (1970)

93 Idaho 462

Mary Leona ROTTER and Alice Leona Halse, Plaintiffs-Respondents, v. Ramona ROTTER and Edith Skiens, Defendants-Appellants.

Supreme Court of Idaho.

January 15, 1970.


Attorney(s) appearing for the Case

Paul C. Keeton and D.K. Worden, Jr., Lewiston, for appellants.

Jerry V. Smith and Leslie T. McCarthy, Lewiston, for respondents.


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The original opinion herein released on November 14, 1969 is withdrawn, the petition for rehearing thereon denied, and this opinion substituted therefor.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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