HAMILTON v. HAMILTON

No. 9409.

506 P.2d 774 (1973)

84 N.M. 617

Marie HAMILTON, Plaintiff-Appellant, v. Jack HAMILTON, Executor of the Last Will and Testament of W.A. Hamilton, Deceased, et al., Defendants-Appellees.

Supreme Court of New Mexico.

February 23, 1973.


Attorney(s) appearing for the Case

Kastler & Erwin, Raton, for appellant.

Krehbiel & Alsup, Clayton, Grantham, Spann, Sanchez & Rager, Albuquerque, for appellees.


OPINION

McMANUS, Chief Justice.

This suit was filed by the plaintiff-appellant (hereinafter referred to as the "wife") in the District Court of Union County, New Mexico, to impress an equitable lien upon the property in the estate of W.A. Hamilton, deceased (hereinafter referred to as the "husband"), for her share of the community property income, in excess of community expenses, earned during the marriage.

Trial was held before the court without...

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