In re the Estate of McMillen

Citations

• 12 N.M. 31
• 71 P. 1083

Syllabus

<p>SYLLABUS.</p> <p>1. Sections 1947 and 2031, Comp. Laws of 1897, give any person twenty-one years old and of sound mind, the right to dispose by will of his separate property.</p> <p>2. In this Territory a child can be disinherited, without being mentioned in a will, unless it appears that the omission of his name occurred through inadvertance or mistake.</p> <p>3. Where by a decree of divorce the defendant was ordered to pay $12.50 monthly for the support of his child it cannot be contended that the omission to mention such child in his will was due to inadvertence or mistake, unless it is shown by the record that such is the ease.</p>