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IN RE ESTATE OF LYTTON

No. 20,925.

23 P.3d 933 (2001)

130 N.M. 258

2001-NMCA-030

In the Matter of the ESTATE OF Roma Lind LYTTON, Deceased, Ruth Morlock, Contestant-Appellant, v. Jose Lozoya and Carolina Lozoya, Proponents-Appellees.

Court of Appeals of New Mexico.

April 16, 2001.

Attorney(s) appearing for the Case

Manuel J. Lopez, Anthony F. Avallone, Las Cruces, NM, for Appellant.

Shane A. English, Keithly & English, P.C. Anthony, NM, for Appellees.

OPINION

PICKARD, Judge.

{1} This case calls upon us to decide when a demand for a jury trial is required to be filed in a probate proceeding. There is nothing in the Probate Code expressly directed to the issue; Rule 1-038(A) NMRA 2001 states that a jury demand shall be filed not later than ten days after service of the last pleading directed to the issue; the Probate Code does not state any time limit for...

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