Roberson v. Roberson, 7 Div. 774
| Decision Date | 27 March 1969 |
| Docket Number | 7 Div. 774 |
| Citation | 221 So.2d 122,284 Ala. 5 |
| Parties | Nancy ROBERSON v. Gloria ROBERSON et al. |
| Court | Alabama Supreme Court |
Bell & Lang, Sylacauga, for appellant.
H. R. Burnham, of Burnham, Klinefelter & Halsey, Anniston, for appellees.
This is a case involving a guardianship. James Russell Roberson, II was born on June 27, 1908, and was under the care and custody of his father, J. F. Roberson, until the death of his father on February 2, 1966. On February 15, 1966, Nancy Roberson, the appellant in this case, filed a petition in the Probate Court of St. Clair County seeking appointment as guardian for her brother, James Russell Roberson, II. A hearing was held on this petition on February 23, 1966, resulting in a jury verdict, decree and letters of guardianship issued to the appellant.
Thereafter on August 25, 1966 Gloria Roberson, sister-in-law of James Russell Roberson, II, filed a petition in the Probate Court of St. Clair County as next friend of James Roberson, II seeking revocation of the letters of guardianship because there was no sufficient evidence to sustain the decree. Thereafter the petition filed by the appellee was amended to allege that the mental status of the ward had changed since the granting of the letters of guardianship.
The Probate Court in which this petition was filed ordered an examination by a medical doctor made of James Russell Roberson, II, set the matter down for hearing, summoned a jury, and appointed a guardian ad litem. Testimony on this petition was taken before a jury which returned a verdict that there had been a change in the mental condition of James Russell since February 23, 1966, the date of the granting of the letters of guardianship, and that he was a person of sound mind. An order was entered by the court revoking the letters of guardianship.
Thereafter the appellant took an appeal from the decree rendered by the Probate Court to the Circuit Court of St. Clair County which entered an order affirming the decree of the Probate Court. This appeal is from that order of the Circuit Court, affirming the judgment entered in the Probate Court.
The only assignment of error argued by the appellant in brief is that the Circuit Court erred in affirming the decree of the Probate Court in that such decree, based upon a jury verdict, is contrary to the evidence.
Essentially then the appellant is arguing that the decree of the Probate Court should have been set aside because the jury verdict is contrary to the evidence. There is no merit to this...
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