Amberson v. Candler
New Mexico Supreme Court
Appeal from the District Court of Dona Ana County. Tlie probate judge has power to grant letters testamentary and of administration. Sec. 1935, C. L. 1897; Mumford v. Hull, 25 Minn. 347; Scott v. Monks, 14 Atl. 860; Sheldon v. Smith, 97 Mass. 34; Small v. Commonwealth, 8 Pa. St. 101; Fulcher v. Commonwealth, 26 ICy. 592; Moore, et al. v. Waller, 1 Marshall 488; Barbour, etc. v. Eobertso.n’s Heirs, 1 Littell, 95. Powers of selling real estate by executors or administrators.
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Appeal from the District Court of Dona Ana County. Tlie probate judge has power to grant letters testamentary and of administration. Sec. 1935, C. L. 1897; Mumford v. Hull, 25 Minn. 347; Scott v. Monks, 14 Atl. 860; Sheldon v. Smith, 97 Mass. 34; Small v. Commonwealth, 8 Pa. St. 101; Fulcher v. Commonwealth, 26 ICy. 592; Moore, et al. v. Waller, 1 Marshall 488; Barbour, etc. v. Eobertso.n’s Heirs, 1 Littell, 95. Powers of selling real estate by executors or administrators. Secs. 2065-6, C. L. 1897; Coy v. Gage, et al., 84 S. W. 441; Bray v. Neill’s Executors, 21 N. J. Eq. 343. If power of…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
The several assignments of error in this case are very largely covered by the proposition of appellants. set forth in their brief, in the following language:
“The court having issued McGinnis ordinary letters ot administration without reference to the will, and he haring made the affidavit required of ordinary administrators, and not the affidavit required of administrators with the will annexed, and having given bond conditioned as for an ordinary administrator, and not one conditioned for the performance of the duties of an executor, which would have devolved on…
2Cases cited3 opinions
- Stagg v. GreenSupreme Court of Missouri · 1871
- Jackson v. ReeveSupreme Court of Arkansas · 1884
- Hamilton v. HavercampSupreme Court of Oklahoma · 1913
3Cited by5 opinions
- Miller v. StiffNew Mexico Supreme Court · 1957
- Smith v. SteenNew Mexico Supreme Court · 1915
- In Re Estate of TarltonNew Mexico Supreme Court · 1972
- Brickley v. SpenceNew Mexico Supreme Court · 1928
- Rush v. StricklandNew Mexico Supreme Court · 1972