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IN RE SCHLICHT

No. 32,632.

329 P.3d 733 (2014)

2014-NMCA-074

In the Matter of the Estate of Darrell R. SCHLICHT, deceased, and concerning Stephan E. Barlow, Plaintiff-Appellant, v. Rodney Olguin, as personal representative of the Estate of Darrell Robert Schlicht, Defendant-Appellee.

Court of Appeals of New Mexico.

April 17, 2014.

Attorney(s) appearing for the Case

Marcy Baysinger , Pregenzer Baysinger Wideman & Sale, P.C., Albuquerque, NM, for Appellant.

Tibo J. Chavez, Jr. , Law Office of Tibo J. Chavez, Jr., Belen, NM, for Appellee.

OPINION

SUTIN, Judge.

{1} In this trust litigation, we interpret a statute in the Uniform Trust Code in order to resolve a conflict between Plaintiff Stephen E. Barlow, who was to take under a trust, and Defendant Rodney Olguin, who was to take under a will if the trust settlor successfully revoked the trust with the will. The critical question is whether a will that revokes a trust can constitute an effective revocation, given that a will is...

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