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Section 58-10-105 - Access by fiduciaries.

NM Stat § 58-10-105 (2019) (N/A)
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A. Where access to a safe deposit box is requested by one or more persons acting as fiduciaries, the lessor may, except as otherwise expressly provided in the lease or the writings pursuant to which such fiduciaries are acting, allow access to, and removal of, the contents of the safe deposit box upon obtaining proper receipt from:

(1) any one or more of the persons acting as executors or administrators;

(2) any one or more of the persons otherwise acting as fiduciaries when authorized in a writing signed by all other persons so acting; or

(3) any agent authorized in a writing signed by all of the persons acting as fiduciaries.

B. No lessor shall be liable for damages for allowing or refusing access to, or removal of, the contents of the safe deposit box under the provisions of Subsection A of this section.

History: 1953 Comp., § 48-15-145, enacted by Laws 1971, ch. 242, § 5.

Cross references. — For the appointment of personal representatives, see 45-1-101 NMSA.

For the Uniform Statutory Form Power of Attorney Act, see 45-5-601 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks §§ 482, 483.

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