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IN RE NORWEST BANK OF NEW MEXICO, N.A.

No. 22,697.

80 P.3d 98 (2003)

134 N.M. 516

2003-NMCA-128

In the Matter of NORWEST BANK OF NEW MEXICO, N.A., succeeded in interest by Wells Fargo Bank New Mexico, N.A., Acting as Trustee for Various Trusts. Laree Perez Losey, Petitioner-Appellee, v. Norwest Bank of New Mexico, N.A., succeeded in interest by Wells Fargo Bank New Mexico, N.A., in its corporate capacity and acting in its capacity as Trustee of the Jerry B. Losey Revocable Trust, as Amended in its Entirety dated October 3, 1995, Respondent-Appellee, Jill Losey Edelman and Jamie Losey, Objectors-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied November 3, 2003.

Attorney(s) appearing for the Case

Jerry Wertheim, John Wentworth, Carol A. Clifford, John V. Wertheim, Jones, Snead, Wertheim, Wentworth & Jaramillo, P.A., Santa Fe, NM, for Petitioner-Appellee.

W. Spencer Reid, Thomas C. Bird, Kurt Wihl, Meghan R. Dimond, Keleher & McLeod, P.A., Albuquerque, NM, for Respondent-Appellee.

Dennis E. Jontz, Ross L. Crown, Thomas P. Gulley, Jontz, Dawe, Gulley & Crown, P.C., Albuquerque, NM, for Objectors-Appellants.

Certiorari Denied, No. 28,297, November 3, 2003.

OPINION

CASTILLO, Judge.

{1} This appeal presents us with questions regarding approval of a mediated settlement of a derivative action brought by one beneficiary against a trust with four beneficiaries. The mediated settlement provides for distribution of all settlement proceeds to the one plaintiff beneficiary. Based on the particular facts of this case, we affirm the trial court's approval...

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