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MATTER OF ESTATE OF MARTINEZ

No. 4959.

633 P.2d 727 (1981)

93 N.M.App. 619

In the Matter of the ESTATE OF Candido MARTINEZ, Deceased. Magdalena L. MARTINEZ, et al., Plaintiffs-Appellees, v. Vincente H. ANDERSON, et al., Defendants-Appellants.

Court of Appeals of New Mexico.

Writ of Certiorari Denied September 8, 1981.

Attorney(s) appearing for the Case

Edward J. Apodaca, Jr., Edward J. Apodaca & Associates, Albuquerque, for defendants-appellants.

Narciso Garcia, Jr., Albuquerque, for plaintiffs-appellees.

OPINION

WOOD, Judge.

This case involves the doctrine of advancements. We (1) refer to certain procedural matters and discuss (2) whether the advancement provision of the Probate Code applies; (3) whether the doctrine of advancements applies to intestate proceedings; (4) the presumption of an advancement; (5) evidence to rebut the presumption; and (6) evidence of advancement apart from any presumption.

Inasmuch as all persons involved in this litigation...

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