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MATTER OF WILL OF PADILLA

No. 11428.

571 P.2d 817 (1977)

In the Matter of the Last WILL and Testament of Thomas PADILLA, Deceased. Frank PADILLA and Bessie Padilla Harmon, Petitioners-Appellants, v. Rose PADILLA, Respondent-Appellee.

Supreme Court of New Mexico.

November 21, 1977.

Attorney(s) appearing for the Case

Johnson, Paulantis & Lanphere, John M. Kirk, Jr., Albuquerque, for petitioners-appellants.

Michael Fitzpatrick, Albuquerque, for respondent-appellee.

OPINION

PAYNE, Justice.

This is an appeal from a probate proceeding wherein Frank Padilla and Bessie Padilla Harmon petitioned the court for a determination that they were pretermitted heirs of their father and were entitled to an intestate share of his estate. The district court denied the relief sought and the petitioners appeal. We affirm.

Thomas O. Padilla, the testator, died on December 1, 1974. At the time of his death, he was survived by six...

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