1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO IN THE MATTER OF THE LAST WILL AND TESTAMENT OF BLACKMAN HARPER BIRD, DECEASED.

6 CAROL KAY LEMON, ROBERT DALE BIRD, AND SANDRA LEMON, 9 Contestants-Appellees, v. NO. 29,125 ANITA BEEMAN, 12 Appellant.

13 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY James Waylon Counts, District Judge Rodey, Dickason, Sloan, Akin & Robb, P.A.

16 Edward R. Ricco Albuquerque, NM Thomas I. Marek Carlsbad, NM for Appellant Wilfred T. Martin, Jr. Carlsbad, NM for Appellees

24 MEMORANDUM OPINION KENNEDY, Judge.

2 Summary affirmance was proposed for the reasons stated in the notice of proposed disposition. No memorandum opposing summary affirmance has been filed, and the time for doing so has expired.

5 AFFIRMED.

6 IT IS SO ORDERED.

7 ___________________________________ 8 RODERICK T. KENNEDY, Judge WE CONCUR:

10 ___________________________ JONATHAN B. SUTIN, Judge

12 ___________________________ TIMOTHY L. GARCIA, Judge