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DUNN v. LINDSEY

No. 6687.

361 P.2d 328 (1961)

68 N.M. 288

Aubrey L. DUNN, Executor of the Last Will and Testament of A.L. Dunn, deceased, and Administrator of the partnership estate of A.L. Dunn and Herbert H. Callaway, d/b/a Dunn and Callaway, and Aubrey L. Dunn and Billy J. Dunn, heirs of A. L. Dunn, Deceased, Appellants, v. Zoe LINDSEY, Appellee.

Supreme Court of New Mexico.

April 18, 1961.

Attorney(s) appearing for the Case

Shipley, Seller & Whorton, Alamogordo, for appellants.

E. Forrest Sanders, William W. Bivins, Las Cruces, for appellee.

CARMODY, Justice.

The district court of Otero County set aside and voided a decree of final settlement and distribution theretofore entered by the probate court of Otero County. The executor and the heirs appeal.

The decedent was killed in an automobile accident, and the appellee Lindsey was a passenger in the car at the time. The decedent's will was admitted to probate, and shortly after the expiration of six months, appellee Lindsey filed suit in the district...

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