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IN RE WILL OF McDOWELL

No. 8987.

469 P.2d 711 (1970)

81 N.M. 562

In the Matter of the Last WILL and Testament of Evelyn K. GIANT McDOWELL, Deceased. Charles E. FROCK, H. Dean Frock and Marcia I. Frock Etsler, and Charles E. Frock, Administrator, Appellants, v. Robert Ivory GIANT, Mrs. Evelyn Felger, Angus Giant, Jr., Wayne Giant, Raymond Giant, Thomas Gross, Ronald Kain, Larry Kain, Herbert Giant, Jr. and Albuquerque National Bank, Appellees.

Supreme Court of New Mexico.

May 25, 1970.

Attorney(s) appearing for the Case

A.H. McRae, Albuquerque, for appellants.

Marron, Houk & McKinnon, Albuquerque, for appellees.

OPINION

COMPTON, Chief Justice.

The decisive question is whether the joint and mutual last will and testament of Theodore K. Giant and Evelyn K. Giant disposed of the estate of the survivor, Evelyn K. Giant.

The essential facts are stipulated. On December 16, 1946, the testators executed the will in question. Theodore K. Giant died August 4, 1951. The will was probated and pursuant thereto, all the property of the testators was transferred to the...

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