Legal Opinion

Hanvey v. Stone

New Mexico Court of Appeals

Decided December 22, 1981No. 5100Published

1ConcurrenceSutin, Judge

(specially concurring).

I concur.

This is a Will contest between Rosa Hanvey, a cousin of Mary E. Martin, deceased, but a stranger to the Will, and the Boys Ranch, a charitable corporation. My sympathies are with the.Boys Ranch, but the law is not. If any reasonable legal basis could be found to support the trial court’s judgment, I would affirm.

The only issue is this:

Under controlling rules of law, can this Court transform a conditional residue provision in the FOURTH paragraph of the Will, which condition did not occur, into an unconditional residue provision?

The FOURTH paragraph set forth in…

Also in this document: Per curiam.

2Cases cited15 opinions

  1. American Trust & Safe Deposit Co. v. EckhardtIllinois Supreme Court · 1928
  2. Lindley v. LindleyNew Mexico Supreme Court · 1960
  3. Walker v. HibbardCourt of Appeals of Kentucky · 1919
  4. In Re the Estate of SearlWashington Supreme Court · 1947
  5. McDonald v. ClermontSupreme Court of New Jersey · 1931

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