Legal Opinion

Baca v. Winters

New Mexico Supreme Court

Decided August 2, 1920No. 2482PublishedCited by 1 opinion

Appeal from District Court, Socorro County; M. E. Hickey, Judge. Application by W. H. Winters and another, as the executors named in the will of W. H. Byerts, deceased, for ancillary probate of the will and for the removal of Elfego Baca, as administrator, with opposition by the administrator to his removal.

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Appeal from District Court, Socorro County; M. E. Hickey, Judge. Application by W. H. Winters and another, as the executors named in the will of W. H. Byerts, deceased, for ancillary probate of the will and for the removal of Elfego Baca, as administrator, with opposition by the administrator to his removal. Ancillary probate denied in the probate court, and from a judgment of the district court on the applicants’ appeal, allowing ancillary probate and removing Baca as administrator, he appeals. On motion to.dismiss appeal.

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, J.

W. IT. Byerts died at El Paso, Tex., June 18, 1919. Within a few days thereafter his purported last will and testament-was filed for probate in Socorro county. On July 8th, Elfego Baca, appellant here, was appointed administrator of Byerts’ estate, and he qualified by- giving bond in the sum of $100,000. Thereafter Byerts’ will was probated in El Paso county, Tex., and an application was made by W. H. Winters and H. R. Buell, executors named in the will, for ancillary probate of the-will in Socorro county and for the removal of Elfego Baca as administrator.…

2Cases cited1 opinion

  1. Battle v. HowardTexas Supreme Court · 1855

3Cited by1 opinion

  1. Hunker v. VeederNew Mexico Supreme Court · 1927

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