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DELANEY v. FIRST NATIONAL BANK IN ALBUQUERQUE

No. 7221.

386 P.2d 711 (1963)

73 N.M. 192

Esther DELANEY, Administratrix of the Estate of Paul Delaney, deceased, Esther Delaney, as widow of Paul Delaney, deceased, and Mrs. Celia Thompson, as the lawful child and heir of Paul Delaney, deceased, Plaintiffs-Appellants, v. The FIRST NATIONAL BANK IN ALBUQUERQUE, a corporation, Defendant-Appellee, Francis Delaney, Intervenor-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 4, 1963.

Attorney(s) appearing for the Case

B. J. Sholer, F. L. Nohl, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Akin & Robb, William C. Schaab, Albuquerque, for defendant-appellee, First Nat. Bank in Albuquerque.

W. A. Keleher, William B. Keleher, Albuquerque, for intervenor-appellee, Francis Delaney.

CHAVEZ, Justice.

Esther Delaney, as the administratrix of the estate of Paul Delaney, deceased, and as his widow, and Mrs. Celia Thompson, as the lawful child and heir of Paul Delaney, deceased, filed suit against The First National Bank in Albuquerque, as trustee, for an accounting and for distribution of the corpus of the trust which had been established by a codicil to the last will and testament of Lawrence T. Delaney, deceased. Francis Delaney, as residual beneficiary...

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