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MATTER OF ESTATE OF GERSBACH

No. 24214.

960 P.2d 811 (1998)

125 N.M. 269

1998-NMSC-013

In the Matter of the ESTATE OF Frank V. GERSBACH, deceased, Mae GERSBACH, Petitioner-Respondent, v. Tom WARREN, Respondent-Petitioner.

Supreme Court of New Mexico.

May 13, 1998.

Attorney(s) appearing for the Case

Gerding & O'Loughlin, P.C., Richard L. Gerding, Farmington, for Petitioner-Respondent.

Tucker Law Firm, P.C., Steven L. Tucker, Santa Fe, for Respondent-Petitioner.

OPINION

MINZNER, Justice.

{1} Tom Warren appeals from a decision of the Court of Appeals affirming the trial court's judgment in favor of Mae Gersbach. The trial court granted Mrs. Gersbach's petition to declare a portion of her husband's will void as a result of undue influence. In voiding a portion of the will, the trial court found that Mr. Gersbach and Warren had a confidential relationship, and that several suspicious circumstances...

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