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LAMPHEAR v. ALCH

No. 5775.

277 P.2d 299 (1954)

58 N.M. 796

Saidee LAMPHEAR and Irene Prefontaine, Plaintiffs-Appellants, v. Lessing ALCH, Mary Alch, Lorena J. Herl, formerly known as Lorena J. Stallard, The unknown Heirs of the Following Deceased Persons, to-wit: John Joseph Coryell, William Garner Lamphear, also known as William D. Patterson, also known as William Dwight Patterson, also known as W. D. Patterson, and all unknown claimants of interest in the premises adverse to the plaintiffs, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 22, 1954.

Attorney(s) appearing for the Case

Frazier, Cusack & Snead, Roswell, for appellants.

Atwood & Malone, Roswell, for appellees.

SADLER, Justice.

The question for decision is whether the last will and testament of plaintiffs' (appellants') ancestor, duly admitted to probate in Missouri and by stipulation to be treated in all respects as having been duly probated in New Mexico, contained language legally sufficient to transfer title to real estate. The court and counsel for all parties agreeing below, the real estate involved passes under the will, if its language be held sufficient to cover...

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