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Conflict of Laws Keyed to Hay, 16th Ed.
Farmers and Merchants Bank v. Woolf
Citation:
86 N.M. 320, 523 P.2d 1346 (1974)Facts
Mabel Evelyn Jones was a resident and domiciliary of Tucson, Arizona, at the time of her death in September 1969. Her will created a trust with Farmers and Merchants Bank of Las Cruces, New Mexico, as trustee, directing that the trust funds be used for the needs of her brother, Gordon Vance Jones, during his lifetime. Upon his death in November 1970, the will directed that the remaining trust assets be given to Alcoholics Anonymous of San Antonio, Texas, with specific instructions that half be used for construction of buildings and furnishing of living quarters for rehabilitating alcoholics, and the remaining half as the organization desired. Gordon Vance Jones was the sole heir at law of the testatrix. The trial court found that Alcoholics Anonymous was an unincorporated association with no legal capacity to receive gifts and bequests. In September 1971, the Alcoholics Foundation was organized as a charitable entity under Texas law for the exclusive purpose of establishing and maintaining charitable rehabilitation centers for persons unable to consume alcoholic beverages in moderation.
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