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MOORE v. BEAN

No. 9053.

477 P.2d 823 (1970)

82 N.M. 189

James Franklina Moore, II, a/k/a James Franklin Moore, Jr., Plaintiff-Appellant and Cross-Appellee, v. Richard G. BEAN, Executor of the Last Will and Testament of Frank Moore, Deceased, Texas Scottish Rite Hospital For Crippled Children, a corporation, Defendants-Appellees, v. SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, a corporation, Defendant-Appellee and Cross-Appellant, State of Texas, Intervenor-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 22, 1970.

Attorney(s) appearing for the Case

James F. Moore, II, pro se.

Richard G. Bean, Roswell, pro se.

Atwood, Malone, Mann & Cooter, Rufus E. Thompson, Roswell, for Texas Scottish Rite Hospital.

Walker, Choate & Walker, Dallas, Tex., for Texas Scottish Rite Hospital.

Frazier, Cusack & Schnedar, Roswell, for Shriners Hospitals for Crippled Children.

Marvin Sentell, Asst. Atty. Gen. for State of Texas, Austin, Tex., for Intervenor State of Texas.

OPINION

WATSON, Justice.

James Franklin Moore, appellant's father, died on April 23, 1969. By his will dated January 31, 1969, he bequeathed $10.00 to appellant and the residue of his estate to the "Shriners' Hospital for Crippled Children, in Dallas Texas." There being no hospital by that precise name in Dallas, appellant brought suit to establish a lapsed gift. In appellant's amended complaint, appellee Texas Scottish Rite Hospital for Crippled Children...

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