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MATTER OF ESTATE OF GILMORE

No. 17775.

946 P.2d 1130 (1997)

124 N.M. 119

1997-NMCA-103

In the Matter of the ESTATE OF Vernon Dana GILMORE, Deceased. Connie GILMORE, Natural Mother and Guardian of Tracy Gilmore, a minor, and Jason Gilmore, Petitioners-Appellees, v. Diana GILMORE, Individually and as Personal Representative, Respondent-Appellant.

Court of Appeals of New Mexico.

September 12, 1997.

Attorney(s) appearing for the Case

Wayne E. Bingham, M. Dwight Hurst, Crider, Calvert & Bingham, P.C., Albuquerque, for Petitioners-Appellees.

Peter J. Broullire III, Albuquerque, for Respondent-Appellant.

OPINION

HARTZ, Chief Judge.

(1) This appeal requires us to determine which state's law governs the distribution of the proceeds of a wrongful-death claim when the state where the tort and death occurred (Texas) is not the domicile of the decedent or of any of the potential beneficiaries of the claim. We hold that, absent compelling circumstances, the governing law is that of the state where the tort and death occurred. No such compelling circumstances...

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