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McKENZIE v. K.S.N. COMPANY

No. 134.

442 P.2d 804 (1968)

79 N.M. 314

Lucy G. McKENZIE, Individually and as Personal Representative and Executrix of the Last Will and Testament of Mervyn D. McKenzie, Dec'd, and Elsa Z. Gibbe, Individually, and as Personal Representative and Administratrix of the Estate of Juan Zehtner, Deceased, Plaintiff-Appellant, (Elsa Z. Gibbe), v. K. S. N. COMPANY, Inc., Diversified Mining, Inc., and Bill Werd, as Executor of the Last Will and Testament of Robert C. Kirchman, Defendants-Appellees.

Court of Appeals of New Mexico.

June 21, 1968.

Attorney(s) appearing for the Case

Walter K. Martinez, Grants, for appellant.

James T. Paulantis, Iden & Johnson, Albuquerque, John W. Reynolds, Robertson & Reynolds, Silver City, Bryant, Maxwell, Guilford & Sheahan, Los Angeles, Cal., for appellee.

OPINION

WOOD, Judge.

The issue is the authority of the probate court to grant letters of administration under that portion of § 31-1-3, N.M.S.A. (1953) which reads:

"* * * if he died out of the state, having no mansion, house or place of abode, or lands within this state, letters may be granted in any county in which any personal estate of the deceased may be."

Decedent, Juan Zehtner, had neither mansion, house, place of abode nor lands...

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