MATTER OF ESTATE OF RUSSELL

No. 15321.

888 P.2d 489 (1994)

119 N.M. 43

In the Matter of the ESTATE of Shirley Lee RUSSELL, Deceased. Linda COOK-GIBBONS, an individual, and William J. Lee, an individual, Plaintiffs-Appellants, v. Robert E. LEE, Jr., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied December 19, 1994.


Attorney(s) appearing for the Case

Owen C. Rouse, III, Rubin, Katz, Salazar, Alley & Rouse, P.C., Santa Fe, for plaintiffs-appellants.

James G. Whitley, Jones, Snead, Wertheim, Rodriguez & Wentworth, P.A., Santa Fe, for defendant-appellee.


OPINION

BOSSON, Judge.

This case involves interpretation of the will of Mrs. Shirley Lee Russell, and specifically the use of the term "personal property." The appeal also raises the issue of when a litigant may exercise his statutory right to excuse a district judge. We affirm the trial court on the latter point. However, we reverse the grant of summary judgment in favor of Defendant, reverse the denial of summary judgment to Plaintiffs regarding the interpretation...

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