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FOULDS v. FIRST NAT. BANK

No. 15577.

707 P.2d 1171 (1985)

103 N.M. 361

Bea FOULDS, Judy Foulds, Linda Coleman, Bruce Livinston and Katherine Coyle, Plaintiffs-Appellants, v. FIRST NATIONAL BANK, a National BAnking corporation, formerly First National Bank of Lea County, Defendant-Third Party Plaintiff-in-Interpleader-Appellee, v. Leta IRVIN and Genevieve Cooper, Co-Personal Representatives of the Estate of Zettie Hazel Lamar, Third Party Defendants-in-Interpleader-Appellees.

Supreme Court of New Mexico.

October 23, 1985.

Attorney(s) appearing for the Case

Templeman & Crutchfield, C. Barry Crutchfield, Lovington, for plaintiffs-appellants.

Gary Don Reagan, Hobbs, for defendant-third party plaintiff-in-interpleader-appellee.

Maddox & Renfrow, James P. Saunders, Jr., Scotty Holloman, Hobbs, for third party defendants-in-interpleader-appellees.

OPINION

SOSA, Senior Justice.

Plaintiffs brought this action seeking to order defendant First National Bank (FNB) to pay them the proceeds of Certificates of Deposit (CD's) established by Zettie Hazel Lamar, deceased, which named plaintiffs as beneficiaries Payable on Death (P.O.D. Payees). The co-personal representatives of the estate of Zettie Lamar, third party defendants in interpleader, claimed the CD's on the basis of a prior contractual will between...

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