RUTHERFORD v. BUHLER

No. 2390.

555 P.2d 715 (1976)

89 N.M. 594

Glenda RUTHERFORD, and Glenda Rutherford, as Guardian of the Estate of Randall Wayne Rutherford, a minor, Plaintiff-Appellant, v. William I. BUHLER and Hot Springs National Bank, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied September 7, 1976.

Certiorari Denied October 19, 1976.


Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for appellant.

George T. Harris, Jr., Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, Walter R. Parr, Crouch, Parr, Herring & Valentine, Las Cruces, for appellee Buhler.

William L. Lutz, Martin, Martin & Lutz, Las Cruces, for appellee Hot Springs National Bank.


OPINION

SUTIN, Judge.

Plaintiff filed a complaint in the Grant County District Court, for fraud and conversion of estate assets after the estate had been finally probated in Sierra County. The complaint was dismissed for lack of jurisdiction of the subject matter. We reverse.

The complaint alleged that plaintiff and her son are residents of Grant County and they are the sole beneficiaries under a trust created under the Last...

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