Legal Opinion · Concurrence

Henkel v. Hood

New Mexico Supreme Court

Decided March 8, 1945No. 4834Published

1ConcurrenceBickley, Justice

The correctness of some of the conclusions stated in the foregoing opinion may be doubted. When the Legislature employed the phrase “personal representative” they meant executor or administrator of the estate of the deceased. The fact that the existence of beneficiaries other than the favored class specifically mentioned, or of creditors if the entire class of beneficiaries were exhausted, would be remote does not change the picture. The “personal representative” mentioned is the administrator or executor known to the laws of New Mexico, authorized to act in behalf of the law for the benefit…

2Cases cited2 opinions

  1. Salazar v. GardeNew Mexico Supreme Court · 1933
  2. Thomas v. PavletichNew Mexico Supreme Court · 1925

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