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MONTOYA v. TORRES

No. 19656.

823 P.2d 905 (1991)

113 N.M. 105

Frank W. MONTOYA, Jr., Plaintiff-Appellant and Cross-Appellee, v. Group One: Manuel M. TORRES, Individually, Manuel M. Torres, as Personal Representative of the Estate of Margaret O. Montoya, a/k/a Margarita Vigil Montoya, Erlinda Vigil, Margaret Vigil, Margaret O. Vigil and Margarita O. Vigil Montoya, Deceased, Josephine Vigil Zamora and Antonio Vigil, Jr., Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

December 31, 1991.

Attorney(s) appearing for the Case

Popejoy, Leach, Green, Melkus & Giles, P.C., Thomas L. Popejoy, Albuquerque, for plaintiff-appellant and cross-appellee.

William N. Henderson, Albuquerque, for defendant-appellee and cross-appellant Torres.

Hannett, Hannett & Cornish, P.A., George Foster Hannett, Albuquerque, for defendants-appellees and cross-appellants Zamora and Vigil.

OPINION

FROST, Justice.

This action to quiet title to real property located in Bernalillo County, New Mexico, was brought by Frank W. Montoya, Jr. (Frank Jr.) against the estate of his grandfather's wife, Margaret Vigil Montoya, her three children, and various other relatives of Margaret. The case involves the effect of a presumption of undue influence on the validity of the quitclaim deed given to Frank Jr. by Margaret and her husband, Max Emiliano Montoya...

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