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IN RE ESTATE OF JEWELL

No. 20,545.

18 P.3d 334 (2001)

130 N.M. 93

2001-NMCA-008

In the Matter of the ESTATE OF Alice G. JEWELL, Deceased. Andy Brito, Personal Representative of the Estate of Alice G. Jewell, Deceased, Plaintiff-Appellee, v. Robert L. Jewell, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied February 16, 2001.

Attorney(s) appearing for the Case

William A. L'Esperance, Albuquerque, NM, for Appellee.

Martin E. Threet, Joseph L. Romero, Martin E. Threet & Associates, Albuquerque, NM, for Appellant.

Certiorari Denied No. 26,783, February 16, 2001.

OPINION

BOSSON, Judge.

{1} In this appeal, we construe for the first time a section of the New Mexico Uniform Probate Code (New Mexico Code) that provides statutory allowances to a surviving spouse. See NMSA 1978, §§ 45-2-401 to -403 (1993, as amended through 1999). We hold that the surviving spouse is entitled to those allowances notwithstanding contrary intentions expressed in the...

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