GALVAN v. MILLER

No. 8307.

445 P.2d 961 (1968)

79 N.M. 540

Joe H. GALVAN, Guardian ad litem for Carolyn Wright Garner, a minor, Appellant, v. Ira B. MILLER, Iva Lucille Miller, Executrix of the Last Will and Testament of Yule N. Miller, Deceased, Ulric F. Miller, Elger E. Miller, and Joetyne M. Wright, Appellees. Joetyne M. Wright, Appellant, v. Ira B. MILLER, Iva Lucille Miller, Executrix of the Last Will and Testament of Yule N. Miller, Deceased, Ulric F. Miller, Elger E. Miller and Joe H. Galvan, Guardian ad litem for Carolyn Wright Garner, a minor, Appellees. E.E. MILLER, Appellant, v. Ira B. MILLER, Ulric F. Miller, and Iva Lucille Miller, Executrix of the Last Will and Testament of Yule N. Miller, Deceased, Appellees. Iva Lucille Miller, Executrix of the Last Will and Testament of Yule N. Miller, Deceased, Cross-Appellant, v. Elger E. MILLER, Joetyne M. Wright, Carolyn Wright Garner, Joe H. Galvan, Guardian ad litem for Carolyn Wright Garner, a minor, and Ulric F. Miller, Cross-Appellees.

Supreme Court of New Mexico.

Rehearing Denied October 29, 1968.


Attorney(s) appearing for the Case

Osborn & Laughlin, Roswell, E. Forrest Sanders and William W. Bivins, Las Cruces, for E.E. Miller.

Joe H. Galvan, Las Cruces, for Joetyne M. Wright, and for Guardian ad litem for Carolyn Wright Garner, a minor.

Gratham, Spann, Sanchez & Rager, Albuquerque, for Ira B. Miller and Iva Lucille Miller.

Sutin & Jones, Albuquerque, for Ulric F. Miller.


OPINION

CHAVEZ, Chief Justice.

Suit was brought in the district court of Lincoln County consolidating two will contests in the matter of the last will and testament of Fountain Alexander Miller, deceased. The cause was tried to the court without a jury and judgment was entered setting aside a judgment of the probate court, which had admitted the 1952 will of F.A. Miller to probate, and admitting instead the 1946 will...

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