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MILLER v. MILLER

No. 9194.

490 P.2d 672 (1971)

83 N.M. 230

Ira MILLER, Administrator with the Will Annexed of the Estate of F.A. Miller, Deceased, Plaintiff-Appellant, v. Elger E. MILLER, Defendant-Appellee.

Supreme Court of New Mexico.

November 8, 1971.

Attorney(s) appearing for the Case

Grantham, Spann, Sanchez & Rager, Sutin, Thayer & Browne, Albuquerque, for plaintiff-appellant.

Garland, Martin & Martin, Las Cruces, Standley, Witt & Quinn, Santa Fe, for defendant-appellee.

OPINION

McMANUS, Justice.

This suit was brought in the District Court of Lincoln County, New Mexico, by the executor of the estate of Fountain Alexander Miller, a/k/a F.A. Miller, a/k/a Fount A. Miller, deceased, against Elger E. Miller, a/k/a E.E. Miller, son and heir at law of the decedent, and the son's daughter Joetyne Miller Wright. The complaint asserted four claims for relief. The first was against Elger E. Miller only and sought to establish a trust...

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