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IN RE CABLE FAMILY TRUST JUNE 10, 1987

No. 30,787.

231 P.3d 108 (2010)

2010-NMSC-017

In the Matter of the CABLE FAMILY TRUST DATED JUNE 10, 1987, as Amended. Gary D. Cable, Beneficiary-Petitioner, v. Wells Fargo Bank New Mexico, N.A., Petitioner-Respondent.

Supreme Court of New Mexico.

March 23, 2010.

Attorney(s) appearing for the Case

Law Offices of Jane B. Yohalem, Jane B. Yohalem, Santa Fe, NM, for Petitioner.

Hurley, Toevs, Styles, Hamblin & Panter, P.A., Gregory W. MacKenzie, Albuquerque, NM, for Respondent.

OPINION

DANIELS, Justice.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust's remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse's undisputed right to withdraw all assets of the...

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