Legal Opinion · Dissent

Nicosia v. Lash

New Mexico Court of Appeals

Decided September 11, 1998No. 18,495Published

1DissentArmijo, Judge

{17} This appeal decides the fate of litigation that may significantly affect Jan Kerouac’s (Decedent’s) rights concerning the literary works of her,father, Jack Kerouac. I respectfully dissent because I do not agree with the majority’s refusal to recognize the Literary Personal Representative’s authority to act within the separate domain established for him in Decedent’s First Codicil to her Last Will and Testament.

{18} The relationship of Decedent to her father and his literary works can not be understated. Jack Kerouac was a prominent figure in the “beat” counterculture who authored 18 or…

2Cases cited7 opinions

  1. In Re Will of McDowellNew Mexico Supreme Court · 1970
  2. New Mexico Boys Ranch, Inc. v. HanveyNew Mexico Supreme Court · 1982
  3. In re the Estate of HellmanNew York Surrogate's Court · 1987
  4. Rentz v. Polk Ex Rel. Estate of RentzSupreme Court of South Carolina · 1976
  5. In re the Estate of RubinNew York Surrogate's Court · 1989

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