HARVEY v. VIGIL

No. 8398.

430 P.2d 874 (1967)

78 N.M. 303

John C. HARVEY, as Executor of the Last will and Testament of James C. Harvey, Deceased, and as Trustee and Beneficiary of the James C. Harvey Trust, Plaintiff-Appellant, v. F.A. VIGIL, Commissioner of the Bureau of Revenue of the State of New Mexico, and Vicente R. Ojinaga, Chief of the Succession Tax Division of said Bureau, Defendants-Appellees.

Supreme Court of New Mexico.

August 7, 1967.


Attorney(s) appearing for the Case

Catron & Catron, Santa Fe, for appellant.

Boston E. Witt, Atty. Gen., Edward R. Pearson, Asst. Atty. Gen., Santa Fe, for appellees.


OPINION

MOISE, Justice.

Plaintiff-appellant filed this action seeking a declaratory judgment to determine the taxability under § 31-16-20, N.M.S.A. 1953, of property transferred by James C. Harvey, during his lifetime, to the James C. Harvey Trust.

There is no dispute about the facts. On February 22, 1963, the James C. Harvey Trust was created by agreement entered into by James C. Harvey, as grantor, and appellant, John C. Harvey, as Trustee...

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