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FARMERS AND MERCHANTS BANK v. WOOLF

No. 9830.

523 P.2d 1346 (1974)

86 N.M. 320

FARMERS AND MERCHANTS BANK, Plaintiff-Appellee, v. Dale WOOLF, Administrator with Will Annexed of the Estate of Gordon Vance Jones, Deceased, Defendant-Appellant.

Supreme Court of New Mexico.

July 3, 1974.

Attorney(s) appearing for the Case

George A. Graham, Jr., Truth or Consequences, for defendant-appellant.

R.C. Garland, Las Cruces, John L. Hill, Atty. Gen. of Tex., Martha Smiley, Asst. Atty. Gen., Austin, Tex., for plaintiff-appellee.

OPINION

MONTOYA, Justice.

The plaintiff-trustee (trustee), Farmers and Merchants Bank of Las Cruces, New Mexico, filed this action for declaratory judgment to determine the rights of the parties involved in a trust estate. From a judgment awarding the balance of the trust estate of Mabel Evelyn Jones (testatrix) to the Alcoholics Foundation of San Antonio, Texas (Foundation), Dale Woolf (Woolf), the administrator with will annexed of the estate of Gordon...

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