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IN RE ESTATE OF DEUPREE

No. 22,364.

54 P.3d 542 (2002)

132 N.M. 701

2002-NMCA-097

In the Matter of the ESTATE OF Harry L. DEUPREE, Chery Fenley, Personal Representative of Lucille Fenley, Deceased, Petitioner-Appellant, v. The Estate of Harry L. Deupree, Deceased, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted September 9, 2002.

Attorney(s) appearing for the Case

Robert J. Dodds III, Davenport & Dodds, LLP, Santa Fe, NM, for Appellant.

Mark L. Ish, Carol J. Ritchie, Felker, Ish, Ritchie & Geer, P.A., Santa Fe, NM, for Appellee.

Certiorari Granted, No. 27,636, September 9, 2002.

OPINION

PICKARD, Judge.

{1} Through a trust instrument distributing his assets, Harry Deupree granted his wife, Lucille, a life estate in their home on Cloudstone Drive in Santa Fe (the Cloudstone Property). The instrument also provided that if Lucille decided she no longer wanted to live at the Cloudstone Property, or was unable to live there, the house was to be sold, and the proceeds used...

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