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OSTERTAG v. DONOVAN

No. 6444.

331 P.2d 355 (1958)

65 N.M. 6

E.F. OSTERTAG, Administrator of the Estate of Josephine P. Holstein, Sometimes known as Josephine Holstein Waterman, deceased, Plaintiff-Appellee, v. Harold E. DONOVAN, Defendant-Appellant.

Supreme Court of New Mexico.

October 27, 1958.

Attorney(s) appearing for the Case

McAtee, Toulouse & Marchiondo, B.J. Stephens, Albuquerque, for appellant.

Robertson & Skinner, Raton, for appellee.

McGHEE, Justice.

The defendant, Dr. H.E. Donovan, prosecutes his appeal from a judgment for the plaintiff, E.F. Ostertag, administrator of the estate of Josephine P. Holstein, rescinding a gift to him of stock valued at $6,000 by the deceased while she was his patient in the Donovan Hospital at Raton, New Mexico.

The case was tried before the court without a jury, the court finding in substance that the decedent was...

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