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  5. 591 P.2d 1158 (1979)
 

MATTER OF WILL OF GREIG

No. 11851.

591 P.2d 1158 (1979)

92 N.M. 561

In the Matter of the Last WILL and Testament of Beatrice M. GREIG, Deceased. Melvin D. RUECKHAUS and Natalie Didama, Contestants-Appellants, v. Fletcher R. CATRON, Petitioner-Appellee.

Supreme Court of New Mexico.

Rehearing Denied March 14, 1979.

Attorney(s) appearing for the Case

Willard F. Kitts, Elizabeth E. Whitefield, Albuquerque, for Rueckhaus.

Bruce C. Redd, Albuquerque, for Didama.

Charles J. Noya, Albuquerque, Catron, Catron & Sawtell, W. Anthony Sawtell, Santa Fe, for petitioner-appellee.

OPINION

FEDERICI, Justice.

This case involves a dispute over which of two wills executed by Beatrice M. Greig, deceased, is entitled to probate. Three proceedings below are relevant to the appeal:

(1) An action filed in the District Court of Bernalillo County entitled "In The Matter of the Alleged Incompetency of Beatrice Worth Greig," No. 6-76-02395, in which the trial court determined that Ms. Greig was incompetent as of March 2, 1976;

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