IN RE ESTATE OF MARTINEZ

No. 19,788.

985 P.2d 1230 (1999)

127 N.M. 650

1999-NMCA-093

In the Matter of the ESTATE OF Jose C. MARTINEZ, Deceased. Cristina Sanchez, Petitioner-Appellant, v. Bruno Martinez, Juan Martinez, David Martinez Sr., Estella Parra, Josie Martinez, Anna Pando, Consuelo Martinez, Salvador Martinez, and Elias Martinez, Respondents-Appellees.

Court of Appeals of New Mexico.

June 8, 1999.


Attorney(s) appearing for the Case

Norman McDonald, Norman McDonald, P.A., Belen, for Appellant.

Bruno Martinez, Juan Martinez, and Consuelo Martinez, Albuquerque, Pro se Appellees.

David Martinez Sr., Estella Parra, and Anna Pando, Los Lunas, Pro se Appellees.

Josie Martinez, Austin, Pro se Appellee.

Salvador Martinez and Elias Martinez Belen, Pro se Appellees.


OPINION

DONNELLY, Judge.

{1} This case poses the question of whether a prior valid will may be revoked by the decedent's act of signing a nontestamentary written instrument stating that it is his intent to revoke his prior will. For the reasons discussed herein, we conclude that the purported revocation was invalid, and thus, reverse.

FACTS AND PROCEDURAL POSTURE

{2} On June 6, 1984, Jose C. Martinez (the decedent) executed...

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