Legal Opinion
Harrell v. Hayes
New Mexico Court of Appeals
Decided August 25, 1998No. 17962PublishedCited by 4 opinions
1Opinion of the Court
OPINION
FLORES, Judge.
{1} This is an appeal of an intestacy and heirship determination arising from the death of an elderly couple. Through what appears to be a misapplication of the 120-hour rule, see NMSA 1978, § 45-2-104 (1993), the district court found that the husband was the heir of his wife and that the husband’s brother and sister were his heirs. Due to a clerical mistake, however, the original probate order failed to state explicitly that the husband was the wife’s heir. After time had elapsed for an omitted heir action under the Uniform Probate Code, a brother of the wife initiated…
2Cases cited14 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Burton v. JohnsonCourt of Appeals for the Tenth Circuit · 1992
- Mooney v. HarlinTexas Supreme Court · 1981
- Reed v. CampbellSupreme Court of the United States · 1986
- Warner v. City of Bay St. LouisCourt of Appeals for the Fifth Circuit · 1976
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3Cited by4 opinions
- In Re Estate of LeeNew Mexico Court of Appeals · 2001
- Pidcock v. ApodacaNew Mexico Court of Appeals · 2001
- Premier Oil & Gas, Inc. v. WelchNew Mexico Court of Appeals · 2020
- White Sands Constr. v. City of Las CrucesNew Mexico Court of Appeals · 2023