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MATTER OF ESTATE OF GONZALES

No. 10295.

775 P.2d 1300 (1988)

108 N.M. 583

In the Matter of the ESTATE OF Amelina Padilla Gonzales, Deceased. Margarito MARTINEZ, Petitioner-Appellant, v. Philip CANTU, Personal Representative-Appellee, and Guillerma Gonzales de Ortega, Contestant-Appellee.

Court of Appeals of New Mexico.

Certiorari Quashed February 2, 1989.

Attorney(s) appearing for the Case

Robert Dale Morrison, C. Kristine Osnes, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, for petitioner-appellant.

Eliu E. Romero, Taos, Winston Roberts-Hohl, Santa Fe, for appellees.

OPINION

MINZNER, Judge.

Petitioner Margarito Martinez appeals from the trial court's order setting aside the will of Amelina Padilla Gonzales on the ground of undue influence. He contends that the trial court erred in concluding that he had the burden of rebutting a presumption of undue influence and that he failed to do so. See NMSA 1978, § 45-3-407. We reverse.

Martinez is decedent's grandson. He presented the will for informal probate...

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