Legal Opinion
Matter of Estate of Oney
New Mexico Court of Appeals
Decided February 12, 1981No. 4877PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
This interlocutory appeal involves the late presentment of claims against an estate. We discuss the interrelationship of §§ 45-3-803 and 45-3-804, N.M.S.A.1978.
Oney died in November, 1978. Administration proceedings were opened in December, 1978 and the first notice to creditors “to present their claims within two months after the date of the first publication of the notice or be forever barred” (§ 45-3-801, N.M.S.A.1978) was published on December 14, 1978. The two-month period expired on February 14, 1979.
The claimants are the Odoms and their trustee in bankruptcy. Their…
2Cases cited5 opinions
- Mathieson v. HublerNew Mexico Court of Appeals · 1978
- In Re Will of SkardaNew Mexico Supreme Court · 1975
- Springer Corp. v. WelchNew Mexico Supreme Court · 1969
- Scott v. NewsomNew Mexico Supreme Court · 1964
- Ziegler v. KramerMontana Supreme Court · 1978
3Cited by3 opinions
- In Re the Estate of HamiltonSouth Dakota Supreme Court · 2012
- Wagner v. Pruett (In re Vaughan Co., Realtors)United States Bankruptcy Court, D. New Mexico · 2012
- Bowman v. ButlerNew Mexico Court of Appeals · 1982