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MATTER OF HAMILTON

No. 13109.

637 P.2d 542 (1981)

97 N.M. 111

In the Matter of the Last Will and Testament of W.A. HAMILTON, Deceased. Evelyn AIKENS and Hal Hamilton, Legatees-Appellants, v. Jack HAMILTON, Executor and Estate of W.A. Hamilton, Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 3, 1981.

Attorney(s) appearing for the Case

Eaves & Darling, Jeffrey J. Dempsey, Albuquerque, Mayfield & Beal, Las Cruces, for legatees-appellants.

Charles D. Alsup, Clayton, Charles C. Spann, Albuquerque, for appellees.

OPINION

RIORDAN, Justice.

On rehearing, the opinion filed October 6, 1981 is withdrawn and the following opinion is substituted.

W.A. Hamilton died on September 18, 1968. He left a will dividing his considerable property among his widow, three children, and grandchildren. The residue of his estate was to be divided equally between his children, Jack, Hal and Evelyn. Jack was nominated in the will to be executor of the estate. The decedent's will...

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