COSBY v. SHACKELFORD

No. 113-68.

408 F.2d 1144 (1969)

Edith COSBY and Susie De Shazo, Appellants, v. O. D. (Bud) SHACKELFORD and Ruth Jane Lee, Co-Executors of the Last Will and Testament of Ida Poindexter, Deceased, Appellees.

United States Court of Appeals Tenth Circuit.

March 26, 1969.


Attorney(s) appearing for the Case

Kendall O. Schlenker, Albuquerque, N. M. (James M. Parker, Albuquerque, N. M., on the brief), for appellants.

James C. Compton, Portales, N. M., for appellees.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

This is an appeal from a declaratory judgment brought by beneficiaries for the construction of the will of Ida Poindexter, a deceased resident of New Mexico. After a decision adverse to them, they perfected a timely appeal to this court.

The court below having assumed jurisdiction, we raised the procedural jurisdictional question, requested briefs, and heard arguments thereon.

In New Mexico the probate court is one of special...

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