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JONES v. SEATON

No. 8649.

453 P.2d 380 (1969)

80 N.M. 210

John W. JONES and the Probate Court of Union County, Plaintiffs-in-Error, v. Alice SEATON and the District Court for Union County, Defendants-in-Error.

Supreme Court of New Mexico.

April 21, 1969.

Attorney(s) appearing for the Case

John B. Speer, Robert C. Resta, Albuquerque, for plaintiffs in error.

Wright & Kastler, Raton, Fike, Hunter & Schultz, Dalhart, Tex., for defendants in error.

OPINION

CARMODY, Justice.

The district court, in ruling on an application in certiorari, held void an order of the Probate Court of Union County. The case is before us on writ of error.

Although the primary issue concerns the construction which should be given to a paragraph of a will designating an executrix, we do not reach the question because of the error of the district court in reviewing by certiorari the determination of the probate court...

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