Legal Opinion

Rutherford v. Buhler

New Mexico Court of Appeals

Decided August 24, 1976No. 2390PublishedCited by 9 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

Plaintiff filed a complaint in the Grant County District Court, for fraud and conversion of estate assets after the estate had been finally probated in Sierra County. The complaint was dismissed for lack of jurisdiction of the subject matter. We reverse.

The complaint alleged that plaintiff and her son are residents of Grant County and they are the sole beneficiaries under a trust created under the Last Will and Testament of Eli H. Howard, deceased. The Howard will was probated in the Probate Court of Sierra County. Defendant bank was the executor of the estate and…

2Cases cited11 opinions

  1. Lovett and Lovett v. LovettSupreme Court of Florida · 1927
  2. Atwood v. Cox, District JudgeUtah Supreme Court · 1936
  3. Stockard v. HamiltonNew Mexico Supreme Court · 1919
  4. People Ex Rel. Courtney v. PrystalskiIllinois Supreme Court · 1934
  5. Roberts v. Seaboard Surety CompanySupreme Court of Florida · 1947

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Methola v. County of EddyNew Mexico Supreme Court · 1980
  2. Barone v. BaroneWest Virginia Supreme Court · 1982
  3. McCabe v. HawkNew Mexico Court of Appeals · 1982
  4. Ruther v. RutherNew Mexico Court of Appeals · 1981
  5. Mondragon v. Rio Rancho Public Schools Board of EducationDistrict Court, D. New Mexico · 2025

4 more not listed; retrieve them via the Exa API.

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