Legal Opinion

Commerce Bank & Trust v. Brady

New Mexico Supreme Court

Decided January 26, 1981No. 13074PublishedCited by 4 opinions

1Opinion of the Court

OPINION

SOSA, Senior Justice.

This is an appeal from the district court’s grant of summary judgment in favor of appellee Tammy Anne Brady establishing her as an heir to her natural grandmother’s estate. The issue is whether an adopted child can inherit from her natural grandmother when (1) the child’s natural father predeceases the grandmother and (2) the adoption occurs subsequent to the natural father’s death but prior to the grandmother’s death. We reverse the district court and hold that the child cannot inherit under these circumstances.

Ruby Holt, the deceased, had eight children, seven of…

2Cases cited4 opinions

  1. Tennessen v. TopelWisconsin Supreme Court · 1966
  2. Delaney v. First National Bank in AlbuquerqueNew Mexico Supreme Court · 1963
  3. Allen v. McClellanNew Mexico Supreme Court · 1965
  4. In Re Estate of ShehadyNew Mexico Supreme Court · 1971

3Cited by4 opinions

  1. Smith v. City of Santa FeNew Mexico Court of Appeals · 2006
  2. Rienhardt v. KellyNew Mexico Court of Appeals · 1996
  3. Pillars v. ThompsonNew Mexico Supreme Court · 1986
  4. Smith v. City of Santa FeNew Mexico Court of Appeals · 2006

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