Fenley v. Estate of Deupree

OPINION

PICKARD, Judge.

{1} Through a trust instrument distributing his assets, Harry Deupree granted his wife, Lucille, a life estate in their home on Cloudstone Drive in Santa Fe (the Cloud-stone Property). The instrument also provided that if Lucille decided she no longer wanted to live at the Cloudstone Property, or was unable to live there, the house was to be sold, and the proceeds used for her “health and maintenance.” Under a separate Settlement Agreement with Harry’s children, Lucille was also to receive $63,600 from the proceeds of the sale of the house.

{2} Lucille died one year after…