FIDEL v. FIDEL

No. 9987.

532 P.2d 579 (1975)

87 N.M. 283

Philip N. FIDEL and Jessie M. Fidel, his wife, Plaintiffs-Appellants, v. John N. FIDEL and Jeannette Fidel, his wife, Toufick Fidel and Clara Fidel, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

February 28, 1975.


Attorney(s) appearing for the Case

Gallagher & Ruud, John Hogan Stewart, Albuquerque, for appellants.

James E. Womack, Johnson, Paulantis & Lanphere, James T. Paulantis, Thomas J. McBride, Albuquerque, for appellees.


OPINION

OMAN, Justice.

The plaintiff, Philip Fidel, as a claimed beneficiary of an express trust, sought an accounting from his brothers, John Fidel and Toufick Fidel, as trustees of this claimed trust. The wives were joined in the suit as parties with possible interests therein.

After trial upon the merits, the district court entered judgment dismissing the action with prejudice. This dismissal was predicated upon the conclusion that any cause of...

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