IN RE BOGERT'S WILL

No. 6376.

329 P.2d 1023 (1958)

64 N.M. 438

In the Matter of the Last WILL and Testament of George BOGERT, Deceased. BOARD OF DIRECTORS OF The NEW MEXICO INSANE ASYLUM, Claimant-Appellant, v. Clara RUNKEL, Administratrix of the estate of George Bogert, Deceased, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied October 6, 1958.


Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Alfred P. Whittaker, Fred M. Calkins, Jr., Asst. Attys. Gen., for appellant.

Hervey, Dow & Hinkle, W.E. Bondurant, Jr., John Jennings, Roswell, for appellee.


SADLER, Justice.

The question for decision is whether the ordinary non-claim statute barring recovery on a claim not presented and favorably acted upon by a personal representative within a fixed time operates against a State, its legal subdivisions or agencies.

The present appeal presents a single judgment entered in two cases, one originating in the probate court of Chaves County and removed by appeal to the district court of the county; the other originating...

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