MATTER OF ESTATE OF GAINES

No. 12560.

830 P.2d 569 (1992)

113 N.M. 652

In the Matter of the ESTATE of Joseph S. GAINES, Deceased. Joseph Casey GAINES, Petitioner-Appellant, v. Joseph Blair GAINES, Respondent-Appellee.

Court of Appeals of New Mexico.

March 5, 1992.


Attorney(s) appearing for the Case

Dean E. Border, Border Law Office, Tucumcari, for petitioner-appellant.

Terrence R. Kamm, John William Clever, Kastler and Kamm, Raton, for respondent-appellee.


OPINION

BLACK, Judge.

Joseph Casey Gaines appeals from the trial court's denial of his Rule 60(B) motion for relief from a judgment that the will of Joseph S. Gaines was invalid. SCRA 1986, 1-060(B) (Rule 60(B)). We uphold the trial court.

FACTS

Joseph S. Gaines died on November 22, 1983. He was killed by his alleged wife, Cecilia Duran. Joseph S. Gaines was survived by Cecilia Duran; their adult son, Joseph Casey Gaines ("Casey...

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