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SPENCER v. GUTIERREZ

No. 5867.

663 P.2d 371 (1983)

99 N.M. 712

Maria SPENCER and Edward Gutierrez, Respondents-Appellants, v. Ralph GUTIERREZ, in his capacity as Personal Representative of the Estates of Jesus B. Gutierrez and Aurora Gutierrez, deceased, and individually, Petitioner-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 17, 1983.

Attorney(s) appearing for the Case

Albert H. Engel, Las Cruces, for respondent-appellant, Maria Spencer.

Lanny D. Messersmith, Albuquerque, for respondent-appellant, Edward Gutierrez.

Ray O. Sage, Las Cruces, for petitioner-appellee, Ralph Gutierrez.

OPINION

WALTERS, Chief Judge.

This appeal challenges the trial court's construction of the wills of the parties' parents. We affirm.

Jesus B. Gutierrez (J.B.) and his wife, Aurora Gutierrez, each executed their own wills in July, 1962. J.B. Gutierrez died on January 27, 1970 and Aurora died on September 16, 1978. Their three children, who are parties in this appeal, are appellants Maria (Emma) Spencer and Edward Gutierrez, and their brother, appellee...

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