Schweitzer v. Burch
New Mexico Supreme Court
711 P.2d 889 (1985)
- Written by Tammy Boggs, JD
Facts
During the marriage of Charles Burch (defendant) and Mary Burch, Charles worked for the University of California and the Atomic Energy Commission. Charles contributed a portion of his income to retirement plans. In 1979, Charles and Mary divorced. The divorce decree awarded Mary an interest in Charles’s retirement benefits, which were a community asset, to be paid from Charles to Mary in monthly checks as he received the benefits himself. In 1981, Mary died and left her entire estate to her sister, Jennetta Schweitzer (plaintiff). On January 1, 1982, Charles began receiving retirement-benefit checks. Charles refused to make any disbursements to Schweitzer, who claimed she was entitled to the checks as the sole beneficiary of Mary’s estate. Schweitzer sued Charles to resolve the dispute. The trial court granted summary judgment to Schweitzer, determining that Mary’s interest in Charles’s retirement benefits did not terminate at Mary’s death and was a devisable asset that passed to Schweitzer. Charles appealed, and the New Mexico Supreme Court reviewed the matter.
Rule of Law
Issue
Holding and Reasoning (Riordan, J.)
Dissent (Stowers Jr., J.)
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