N.M. Stat. § 46-4-4
Trustees; appointment, succession, powers, duties, term
and compensation; status of trustees; liability for acts.
The instrument or will creating such trusts may provide for the appointment,
succession, powers, duties, term and compensation of the trustee or trustees; and in all
such respects the terms of said instrument or will shall be controlling. If the said
instrument or will makes no provision in regard to any of the foregoing, then the general
laws of the state shall control as to such omission or omissions.
The trustee, or trustees, under such an instrument or will shall be an agency of the
state and the regularly constituted authority of the beneficiary for the performance of the
functions for which the trust shall have been created. No trustee or beneficiary shall be
charged personally with any liability whatsoever by reason of any act or omission
committed or suffered in the performance of such trust or in the operation of the trust
property; but any act, liability for any omission or obligation of a trustee or trustees, in
the execution of such trust, or in the operation of the trust property, shall extend to the
whole of the trust estate, or so much thereof as may be necessary to discharge such
liability or obligation, and not otherwise.