Legal Opinion
Edith Cosby and Susie De Shazo v. O. D. (Bud) Shackelford and Ruth Jane Lee, Co-Executors of the Last Will and Testament of Ida Poindexter, Deceased
Court of Appeals for the Tenth Circuit
Decided March 26, 1969No. 113-68PublishedCited by 6 opinions
1Opinion of the Court
HICKEY, Circuit Judge.
This is an appeal from a declaratory judgment brought by beneficiaries for the construction of the will of Ida Poin-dexter, a deceased resident of New Mexico. After a decision adverse to them, they perfected a timely appeal to this court.
The court below having assumed jurisdiction, we raised the procedural jurisdictional question, requested briefs, and heard arguments thereon.
In New Mexico the probate court is one of special and limited jurisdiction. 1 Its powers are rigidly limited and its decisions are not reviewed, but the issues are tried anew, on appeal. 2
Some years…
2Cases cited9 opinions
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Raymond C. Byers v. Guinevere E. ByersCourt of Appeals for the Fifth Circuit · 1958
- In Re Gallagher's WillNew Mexico Supreme Court · 1953
- Ferguson v. PattersonCourt of Appeals for the Tenth Circuit · 1951
- Amanda Holt and Alyce P. Woods v. Marjorie K. King and Myrtle PerkinsCourt of Appeals for the Tenth Circuit · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Butler v. ScottCourt of Appeals for the Tenth Circuit · 1969
- United States v. Richard H. RamsdellCourt of Appeals for the Tenth Circuit · 1971
- Harry I. Smith, D/B/A Harry Smith Enterprises, Cross-Appellant v. Babcock Poultry Farms, Inc., Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1973
- Rex Muncrief v. Mobil Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1970
- Blanche A. Anderson v. Bernice M. Anderson, of the Estate of Walter M. Anderson, DeceasedCourt of Appeals for the Tenth Circuit · 1971
1 more not listed; retrieve them via the Exa API.