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ESTATE OF MONTOYA

No. 10673.

556 P.2d 353 (1976)

89 N.M. 667

In the Matter of the ESTATE of Tom O. MONTOYA, Deceased, and in the Matter of the Last Will and Testament of Tom O. Montoya, Deceased. Virginia M. CHAVEZ, Appellant, v. Cleo S. MONTOYA, Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 7, 1976.

Attorney(s) appearing for the Case

Standley, Quinn & Patterson, Fred M. Standley, Santa Fe, for appellant.

Marron & McKinnon, Owen B. Marron, Albuquerque, for appellee.

OPINION

EASLEY, Justice.

The appellant, Virginia M. Chavez, named as the sole beneficiary and executrix in the will of her brother, Tom O. Montoya, brings an interlocutory appeal of the dismissal of her petition for admission of the will for probate in the District Court of Sandoval County. The trial court held that under § 30-1-7.1, N.M.S.A. 1953 (Supp. 1975) the will was revoked and that the decedent Montoya...

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