McELHINNEY v. KELLY

No. 6582.

356 P.2d 113 (1960)

67 N.M. 399

Violet B. McELHINNEY, Petitioner-Appellee, v. Helen KELLY, Contestant-Appellant.

Supreme Court of New Mexico.

October 18, 1960.


Attorney(s) appearing for the Case

Smith, Kiker & Kitts, Albuquerque, for appellant.

Kenneth A. Patterson, A. F. Sceresse, Albuquerque, for appellee.


NOBLE, Justice.

Contestant appeals from a judgment in an original proceeding in the district court admitting a will to probate. Three questions are presented. (1) Was the will attested as required by statute, (2) is there substantial evidence to support a finding of testamentary capacity, and (3) should probate of the will be denied because of undue influence.

George F. McElhinney, the testator, was a man 72 years of age who, at the time of execution of the...

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