MATTER OF ESTATE OF KEROUAC

No. 18,495.

966 P.2d 191 (1998)

126 N.M. 24

1998-NMCA-159

In the Matter of the ESTATE OF Jan Michelle KEROUAC, deceased. Gerald NICOSIA as Literary Personal Representative, Appellant, v. John LASH as General Personal Representative, Appellee.

Court of Appeals of New Mexico.

Certiorari Granted October 28, 1998.


Attorney(s) appearing for the Case

Jerome N. Field, Jerome N. Field, Inc., San Francisco, CA, John S. Campbell, Wiggins, Campbell & Wells, P.A., Albuquerque, NM, for appellant.

Rodney L. Schlagel, Sherrill K. Filter, Emily A. Franke, Butt, Thornton & Baehr, P.C., Albuquerque, NM, for appellee.


OPINION

WECHSLER, J.

{1} This case poses the issue of interpreting the first codicil to a will to determine whether the general personal representative or the literary personal representative of the estate of Jan Michele Kerouac (Decedent) has the authority to make decisions regarding pending litigation involving a separate will contest at the time of Decedent's death. As part of an informal probate proceeding, the district court entered an order...

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