MATTER OF ESTATES OF HAYES

No. 17962.

965 P.2d 939 (1998)

126 N.M. 23

1998-NMCA-136

In the Matter of the ESTATES OF Maureen V. HAYES, and James Arthur Hayes, husband and wife, deceased. Glenn E. HARRELL, Petitioner-Appellee, v. Fred Lee HAYES and Mary Virginia Rector, Respondents-Appellants.

Court of Appeals of New Mexico.

August 25, 1998.


Attorney(s) appearing for the Case

Kevin T. Riedel, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Las Cruces, for Petitioner-Appellee.

Beverly J. Singleman, Hubert & Hernandez, P.A., Las Cruces, for Respondents-Appellants.


OPINION

FLORES, Judge.

{1} This is an appeal of an intestacy and heirship determination arising from the death of an elderly couple. Through what appears to be a misapplication of the 120-hour rule, see NMSA 1978, § 45-2-104 (1993), the district court found that the husband was the heir of his wife and that the husband's brother and sister were his heirs. Due to a clerical mistake, however, the original probate order failed to state explicitly...

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