In re Estate of Hilton
New Mexico Court of Appeals
649 P.2d 488, 98 N.M. 420 (1982)
- Written by Serena Lipski, JD
Facts
Joseph L. Hilton died in 1980 and was survived by his second wife, Ara Hilton, and his three daughters, Loretta Szaloy, Ara Carden, and Laura Griffin (defendants). Joseph’s son, Elmer Hilton, died in 1965, before Joseph executed his will. Elmer had two children, Phyllis Elkins and Elmer Darrel Hilton (collectively, the grandchildren) (plaintiffs). Joseph’s will left his estate to Ara and his three daughters. The will stated that Joseph had only three children, and that if any other person claimed to be a child or heir and established that claim in court, he would give to that person one dollar. The grandchildren filed a claim for an intestate share of Joseph’s estate, arguing that they were omitted heirs under New Mexico’s pretermitted-heir statute. The probate court denied the grandchildren’s claims. The grandchildren appealed.
Rule of Law
Issue
Holding and Reasoning (Donnelly, J.)
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