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MATTER OF ESTATE OF McKIM

No. 18411.

807 P.2d 215 (1991)

111 N.M. 517

In the Matter of the ESTATE OF George W. McKIM, Deceased. HOMES BY MARILYNN and Marilynn McKim, Petitioners-Appellees, v. Paul ROBINSON, Personal Representative, Respondent-Appellant.

Supreme Court of New Mexico.

February 27, 1991.

Attorney(s) appearing for the Case

Gallagher, Casados & Mann, J.E. Casados and Gail Stewart, Albuquerque, for respondent-appellant.

Moses, Dunn, Beckley, Espinosa & Tuthill, P.C., Leonard Espinosa and Mark A. Glenn, Albuquerque, for petitioners-appellees.

OPINION

MONTGOMERY, Justice.

The trial court imposed a constructive trust on each of two properties held by the estate of George W. McKim. The beneficiary of the constructive trust is Homes by Marilynn, Inc. (Homes), a corporation wholly owned by Marilynn McKim, widow of the decedent. The estate appeals, contending that the trial court lacked sufficient evidence to impose the constructive trusts and that, in any event, a constructive trust is not an appropriate...

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