N.M. Stat. » Chapter 46 — Fiduciaries and Trusts
New Mexico Statutes

N.M. Stat. § 46-4-8 (2026)

Contractual character; duration of trust

✓ current as of May 2026
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Upon the acceptance of the beneficial interest by the beneficiary as hereinabove authorized and provided, the same shall be and constitute a binding contract between the state of New Mexico, the beneficiary and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes, and in accordance with the stipulations specified by the trustor or trustors. Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as shall be specified in the instrument or will creating said trust.

History: 1953 Comp., § 33-6-8, enacted by Laws 1957, ch. 171, § 8.

Notes of Decisions
Cited in 3 cases, 1960–1973 · leading case: Safeway Stores, Inc. v. City of Las Cruces, 484 P.2d 341 (N.M. 1971).
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Safeway Stores, Inc. v. City of Las Cruces, 484 P.2d 341 (N.M. 1971). · cites it 38× “The issues here are to be resolved by a consideration of § 46-4-8, N.M.S.A., 1953, construing it in conjunction with other provisions of the Liquor Control Act (Chapter 46, Articles 1 through 11, N.”
State Ex Rel. Dickson v. Kearns, 348 P.2d 1002 (N.M. 1960). · cites it 2× “Appellee’s objection to this, aside from the fact that he points out that the statute does not specifically provide for it, is that the Chief of Division thereby circumvents the provisions of § 46-4-8, N.M.S.A.1953. Why this should be true we .”
City of Truth or Consequences v. State, Dep't of Alcoholic Beverage Control, 506 P.2d 333 (N.M. 1973). · cites it 2× “1953, provides for an appeal by “Any person aggrieved by a decision of a governing body pursuant to section 46-4-8 New Mexico Statutes Annotated * * but in this case plaintiff is not aggrieved by such a decision.”
N.M. Stat. § 46-4-8(C): 1 case
Safeway Stores, Inc. v. City of Las Cruces, 484 P.2d 341 (N.M. 1971). “The issues here are to be resolved by a consideration of § 46-4-8, N.M.S.A., 1953, construing it in conjunction with other provisions of the Liquor Control Act (Chapter 46, Articles 1 through 11, N.”
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