RUTTER v. RUTTER

No. 7491.

398 P.2d 259 (1964)

74 N.M. 737

Tom F. RUTTER, Plaintiff-Appellant, v. Elizabeth R. RUTTER and Bancroft P. Smith, Defendants-Appellees.

Supreme Court of New Mexico.

On Rehearing January 11, 1965.


Attorney(s) appearing for the Case

Willard F. Kitts, Albuquerque, for appellant.

J.D. Weir, J.R. Crouch, Las Cruces, for appellee Rutter.

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


COMPTON, Chief Justice.

This appeal is from a judgment determining the property rights of the appellant, Tom F. Rutter, and of the appellee, Elizabeth R. Rutter, affirming the validity of certain trusts, and awarding costs and expenses to the appellee trustee, Bancroft P. Smith. The action for a divorce, an accounting and division of the property of the parties, was instituted by the appellant in May, 1961. No appeal is taken...

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