Legal Opinion

Bull v. Bal

New Mexico Supreme Court

Decided January 27, 1913No. 1503PublishedCited by 4 opinions

Appeal from Dona Ana County, New Mexico. Tlie probate judge has power -to grant letters testamentary and of administration. Sec. 1935, C. L. 1897; Mumford t. Hull, 25 Minn. 347; Scott v. Monks, 14 Atl. 860; Sheldon v. Smith, 97 Mass. 34; Small v. Commonwealth, 8 Pa. St. 101; Fulcher v. Commonwealth, 26 Ky. 592; Moore, et al. v. Waller, 1 Marshall 488; Barbour, etc. v. Eobertson’s Heirs, 1 Littell 95. Powers of selling real estate by executors or administrators.

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Appeal from Dona Ana County, New Mexico. Tlie probate judge has power -to grant letters testamentary and of administration. Sec. 1935, C. L. 1897; Mumford t. Hull, 25 Minn. 347; Scott v. Monks, 14 Atl. 860; Sheldon v. Smith, 97 Mass. 34; Small v. Commonwealth, 8 Pa. St. 101; Fulcher v. Commonwealth, 26 Ky. 592; Moore, et al. v. Waller, 1 Marshall 488; Barbour, etc. v. Eobertson’s Heirs, 1 Littell 95. Powers of selling real estate by executors or administrators. Secs. 2065-6, C. L. 1897; Coy. v. Gage, et al.,. 84 S. W. 441; Bray v. Neill’s Executors, 21 N. J. Eq. 34-3. If power of sale existed…

1Opinion of the Court

OPINION OP THE COURT.

HANNA, J.

The first assignment of error is that the District Court erred in its third finding of fact “that letters of administration were duly issued to Willis J. McGinnis, who qualified as such administrator with the will annexed.”

The second error assigned is that the court erred in its 17th finding of fact “that Willis J. MfcGinnis, administrator with the will annexed of the estate of Thomas J. Bull, deceased, executed to the defendants and cross-complainants certain deeds and instruments in writing.”

The third error assigned is that “the trial court erred in its 18th…

2Cases cited3 opinions

  1. Doe ex dem. Burkhalter v. RoeSupreme Court of Georgia · 1858
  2. Mobberly v. Johnson's ex'rCourt of Appeals of Kentucky · 1880
  3. State ex rel. Moore v. PriceSupreme Court of Missouri · 1855

3Cited by4 opinions

  1. Sylvanus v. PruettNew Mexico Supreme Court · 1932
  2. Allen v. Amoco Production Co.New Mexico Court of Appeals · 1992
  3. In Re Kenney's EstateNew Mexico Supreme Court · 1937
  4. Brickley v. SpenceNew Mexico Supreme Court · 1928

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