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MATTER OF ESTATE OF VOIGHT

No. 4739.

624 P.2d 1022 (1981)

95 N.M. 625

In the Matter of the ESTATE of William A. VOIGHT, Deceased. Jack C. KAPSA and Barbara E. Kapsa, Ecutrix of the Estate of Tom C. Kapsa, Deceased, Claimants-Appellants, v. Jeanne V. BOTSFORD, Personal Representative, Respondent-Appellee.

Court of Appeals of New Mexico.

January 27, 1981.

Attorney(s) appearing for the Case

Anthony F. Avallone, Las Cruces, for claimants-appellants.

Dutton & Winchester, Ltd., Ruth J. Thomas, Las Cruces, for respondent-appellee.

OPINION

LOPEZ, Judge.

The district court denied the claims of the Kapsas on two promissory notes presented at the probate of the estate of William A. Voight. The notes for $13,500 each were given by Mr. Voight to his stepsons, Jack (John) C. and Thomas C. Kapsa. Since Thomas C. Kapsa is now deceased, his interest is represented by his wife, who is the executrix of his estate.

The sole issue is whether these promissory notes are enforceable. We agree...

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