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GREGG v. GARDNER

No. 7284.

388 P.2d 68 (1963)

73 N.M. 347

Casandra GREGG et al., Plaintiffs-Appellants and Cross-Appellees, v. Marion Hogan GARDNER, also known as Paddy Hogan Gardner, Defendant-Appellee and Cross-Appellant, Mrs. John Hugen, also known as Sydne Lee Hughen, and Mrs. Frankie Freitas, and First National Bank of Las Cruces, Defendants-Appellees.

Supreme Court of New Mexico.

December 23, 1963.

Attorney(s) appearing for the Case

Shipley, Seller & Whorton, Lorna Shipley, Alamogordo, for appellants.

J.D. Weir, J.R. Crouch, Las Cruces, for Marion Hogan Gardner.

Edward E. Triviz, Las Cruces, for First National Bank of Las Cruces.

MOISE, Justice.

Out of a series of most unforeseen, untoward and lamentable events arises this difficult, albeit interesting, litigation.

On July 25, 1956, Irma G. Evans, the testatrix, executed her will. At that time testatrix was married to Bernard B. Evans, who was and had been an invalid for a number of years. She had two children, Bodwin Lee Evans, a daughter, and Ryan Gregg Evans, a son, who were 10 and 9 years old, respectively.

Bernard B. Evans...

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