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MATTER OF ESTATE OF ONEY

No. 4877.

624 P.2d 1037 (1981)

In the Matter of the ESTATE of Billy Jack ONEY, Deceased. Edna ONEY, Personal Representative of the Estate of Billy Jack Oney, Appellant, v. Jerry ODOM and Coleen Odom, and their Trustee in Bankruptcy, Appellees.

Court of Appeals of New Mexico.

February 12, 1981.

Attorney(s) appearing for the Case

Roger V. Eaton, Campbell, Cherpelis & Pica, Albuquerque, for appellant.

Harold J. Breen, Broxterman & Breen, Albuquerque, for appellees.

OPINION

WOOD, Judge.

This interlocutory appeal involves the late presentment of claims against an estate. We discuss the interrelationship of §§ 45-3-803 and 45-3-804, N.M.S.A. 1978.

Oney died in November, 1978. Administration proceedings were opened in December, 1978 and the first notice to creditors "to present their claims within two months after the date of the first publication of the notice or be forever barred" (§ 45-3-801,...

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