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LEMON v. HALL

No. 13769.

640 P.2d 929 (1982)

97 N.M. 429

Joseph C. LEMON, Administrator of the Estate of Bernice Potter, Deceased, and Henry W. Potter, Plaintiffs-Appellees, v. Carlos HALL, Carlos Hall, Jr., and Karla Gutierrez, Cross-Plaintiffs-Appellants, v. CARLSBAD NATIONAL BANK, a National Bank, as Trustee of the Testamentary Trust of Nelle G. Scheurich, Deceased, Defendant-Appellant.

Supreme Court of New Mexico.

February 17, 1982.

Attorney(s) appearing for the Case

Sommer, Lawler & Scheuer, Joseph A. Sommer, Santa Fe, for cross-plaintiffs-appellants.

Lee Deschamps, Taos, J. Lee Cathey, Carlsbad, for plaintiffs-appellees.

OPINION

SOSA, Senior Justice.

In this appeal, we reverse the trial court's partial summary judgment in favor of appellees.

The Last Will and Testament of Nelle Scheurich created a trust for the support and maintenance of Bernice Potter, Carlos Hall, Carlos Hall, Jr., and Karla Gutierrez. The Carlsbad National Bank (Bank) was designated as trustee. The trust provided for fixed monthly sums to be paid the beneficiaries, and gave the Bank discretion...

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