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VIEIRA v. ESTATE OF CANTU

No. 17355.

940 P.2d 190 (1997)

123 N.M. 342

1997-NMCA-042

Cathy Cantu VIEIRA, Contestant-Appellant, v. The ESTATE OF Lupita S. CANTU, Deceased, and Marcos Sandoval, Personal Representative of the Estate of Lupita S. Cantu, Deceased, Petitioners-Appellees.

Court of Appeals of New Mexico.

April 14, 1997.

Attorney(s) appearing for the Case

Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, for Contestant-Appellant.

Dennis R. Francish, Albuquerque, for Petitioners-Appellees.

Jennifer Lea Wise, John A. Darden, III, M. Lea Brownfield, State Bar of New Mexico, Real Property, Probate & Trust Section, Albuquerque, Amicus Curiae.

OPINION

PICKARD, Judge.

1. This case requires us to decide whether the trial court erred as a matter of law by refusing to hear a will contestant's objections to the order of settlement of an estate because the petition she filed stating her objections and seeking formal probate of an alleged earlier will was filed too late. We conclude that the district court erred by improperly quashing the contestant's...

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