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IN RE WILL OF CLARK

No. 9924.

529 P.2d 1229 (1974)

87 N.M. 108

In the Matter of the Last WILL and Testament of Yancy CLARK, Deceased. Thomas R. CLARK, Executor, Appellee, v. BUREAU OF REVENUE of the State of New Mexico, Appellant.

Supreme Court of New Mexico.

Rehearing Denied January 2, 1975.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Susan P. Graber, Vernon O. Henning, Asst. Attys. Gen., Bureau of Revenue, Santa Fe, for appellant.

Martin, Martin & Lutz, Charles W. Cresswell, Las Cruces, for appellee.

OPINION

McMANUS, Chief Justice.

Yancy Clark died on January 6, 1973, in New Mexico. Thomas R. Clark was duly qualified as executor and filed a petition for probate of Yancy Clark's estate in Dona Ana County where Clark was residing at the time of his demise. The Bureau of Revenue of the State of New Mexico, during the course of the proceedings, issued an assessment against the estate as succession tax in the sum of $4,667.59. The executor appealed to the...

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