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MILLER v. BANK OF AMERICA, N.A.

No. 31,463.

326 P.3d 20 (2013)

2014-NMCA-053

George Robert MILLER, Barbara Jean Miller, and Charles Richard Miller, Plaintiffs-Appellants/Cross-Appellees, v. BANK OF AMERICA, N.A., As Trustee of the Qualified Terminable Interest Marital Trust and Family Trust created under the Last Will and Testament of Rudolph C. Miller, Jr., Deceased, Defendant-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, May 1, 2014, No. 34,554.

Attorney(s) appearing for the Case

Catron, Catron, Pottow, & Glassman P.A., Michael T. Pottow , Santa Fe, NM, Tucker Law Firm, P.C., Steven L. Tucker , for Appellants.

Keleher & McLeod, P.A., Thomas C. Bird , Phil Krehbiel , Cassandra R. Malone , Albuquerque, NM, for Appellee.

OPINION

GARCIA, Judge.

{1} Three of the remainder beneficiaries (Beneficiaries) of their father's two testamentary trusts appeal a judgment awarding them damages in an amount lower than they claimed that the trust Beneficiaries were entitled to recover. The trustee, Bank of America (the Bank), cross-appeals. The Bank's cross-appeal challenges the court's determination of liability. We deny the Bank's cross-appeal but we partially agree with...

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