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MATTER OF ESTATE OF CRUSE

No. 15838.

710 P.2d 733 (1985)

103 N.M. 539

In the Matter of the ESTATE OF Frances H. CRUSE, Deceased, Leo TYRRELL, Jr., Plaintiff-Appellant, v. Ann T. McCAW, Defendant-Appellee.

Supreme Court of New Mexico.

December 12, 1985.

Attorney(s) appearing for the Case

Martin, Cresswell, Hubert & Hernandez, Charles W. Cresswell, Las Cruces, for plaintiff-appellant.

Pickett, Bates & Holmes, Lloyd O. Bates, Jr., Las Cruces, for defendant-appellee.

OPINION

FEDERICI, Chief Justice.

Plaintiff-appellant Leo D. Tyrrell, Jr. (plaintiff), as personal representative of the estate of decedent Frances H. Cruse, brought this action seeking the trial court's construction of decedent's will based upon an alleged mistake of fact, or alternatively to have the court enforce a settlement agreement among the heirs. Following a trial without jury, the trial court held that...

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