EOFF v. FORREST

No. 17901.

789 P.2d 1262 (1990)

109 N.M. 695

Terry J. EOFF, Individually and as Personal Representative of the Estate of Leo Eoff, Deceased, Fay Nell Wolfe, and Tom Stanley Eoff, Plaintiffs-Appellants, v. Robert H. FORREST and James L. Dow, Defendants-appellees, and Carlsbad National Bank, Defendant.

Supreme Court of New Mexico.

April 5, 1990.


Attorney(s) appearing for the Case

J.W. Anderson, Tucumcari, for plaintiffs-appellants.

W.T. Martin, Jr., Carlsbad, for defendant-appellee Forrest.

Civerolo, Hansen & Wolf, Roberto C. Armijo, Albuquerque, for defendant-appellee Dow.

Robert C. Gutierrez, Albuquerque, for defendant Carlsbad Nat. Bank.


OPINION

MONTGOMERY, Justice.

Section 45-1-106 of the Probate Code of this state (taken largely from the Uniform Probate Code) provides in part:

If fraud has been perpetrated in connection with any proceeding or in any statement filed under the Probate Code or if fraud is used to avoid or circumvent the provisions or purposes of the code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud including restitution...

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