C. de BACA v. BACA

No. 7321.

388 P.2d 392 (1964)

73 N.M. 387

Fidelia Tafoya C. de BACA, Contestant-Appellant, v. Eufracio BACA, Executor of the Last Will and Testament of Eloisa T. Gallegos, Deceased, Contestee-Appellee.

Supreme Court of New Mexico.

January 13, 1964.


Attorney(s) appearing for the Case

Joe L. Martinez, Edward J. Apodaca, William G. Fitzpatrick, Albuquerque, for appellant.

Robertson & Robertson, Raton, for appellee.


MOISE, Justice.

On January 19, 1961, the district court of Harding County, sitting as a probate court, entered an order admitting the will of Eloisa T. Gallegos, deceased, to probate, and naming the petitioner for probate, Eufracio Baca, as executor. The executor qualified on the same day. By the terms of the will so admitted to probate, Gertrude Tafoya, a sister of decedent, was sole beneficiary.

On July 17, 1961, a petition to set aside the probate of the...

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