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MATTER OF ESTATE OF SEYMOUR

No. 12386.

600 P.2d 274 (1979)

93 N.M. 328

In the Matter of the ESTATE OF Lois Faye SEYMOUR, Deceased. Dale Allen SEYMOUR, Individually and as Special Administrator and Personal Representative, Vicki McClintic and Andrew J. Gonzales, Petitioners, v. Jay Lynn DAVIS, aka Jay Davis, Respondent.

Supreme Court of New Mexico.

September 6, 1979.

Attorney(s) appearing for the Case

Clayburgh, Ashby, Rose & Paskind, Stewart Rose, III, Albuquerque, for petitioners.

John P. Dwyer, Albuquerque, for respondent.

W. Garrett Flickinger, Pamela Minzner, U.N.M. School of Law, Albuquerque, amicus curiae.

OPINION

PAYNE, Justice.

This dispute arose over the admissibility to probate of Lois Faye Seymour's will. The district court admitted the will to probate over the objections of her son, Jay Lynn Davis, and held that Davis should be disinherited for contesting it. On appeal, the Court of Appeals reversed the district court. We granted certiorari and now reverse in part and affirm in part the decision of the Court of Appeals.

The decedent executed...

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