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PERSCHBACHER v. MOSELEY

No. 7536.

403 P.2d 693 (1965)

75 N.M. 252

Leonard J. PERSCHBACHER, Executor of the Last Will and Testament of Katie Perschbacher, Deceased, Proponent-Appellee, v. Mary E. MOSELEY, Protestant-Appellant.

Supreme Court of New Mexico.

June 28, 1965.

Attorney(s) appearing for the Case

Krehbiel, Alsup & Beck, Clayton, for appellee.

Ethan K. Stevens, Clayton, Rodey, Dickason, Sloan, Akin & Robb, William C. Briggs, Albuquerque, Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Val R. Miller, Oklahoma City, Okl., for appellant.

NOBLE, Justice.

A copy of an instrument purporting to be the last will of Katie Perschbacher, deceased, was admitted to probate over the protest of Mary E. Moseley, mother and sole heir at law of the decedent. The original instrument was alleged to have been lost or mislaid after decedent's death. On appeal to the district court, the issues were tried to a jury and resulted in a verdict finding that Katie Perschbacher died testate leaving a valid and unrevoked will...

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