Legal Opinion

Barngrover v. Estate of Barngrover

New Mexico Court of Appeals

Decided October 9, 1980No. 4407PublishedCited by 7 opinions

1Opinion of the Court

OPINION

HERNANDEZ, Judge.

Proponents petitioned for formal probate of a photocopy of the purported last will of Anna Barngrover. They alleged that the original instrument was mislaid or lost by decedent before her death. The petition was opposed by James Barngrover, the decedent’s son. The trial court’s decision reads as follows:

FINDINGS OF FACT

1. The deceased executed a will in Iowa and a copy has been produced for probate.

2. The will is lost or misplaced even though diligent search and inquiry has been made for it.

3. The deceased never revoked nor changed the will, nor had any intention to do…

2Cases cited4 opinions

  1. Mascarenas v. GonzalesNew Mexico Court of Appeals · 1972
  2. Mascarenas v. GonzalesNew Mexico Court of Appeals · 1972
  3. Perschbacher v. MoseleyNew Mexico Supreme Court · 1965
  4. Fierro v. MurphyNew Mexico Court of Appeals · 1973

3Cited by7 opinions

  1. Collins on Behalf of Collins v. PerrineNew Mexico Court of Appeals · 1989
  2. Matter of Estate of KerrNew Mexico Court of Appeals · 1996
  3. Thompson v. BarngroverNew Mexico Court of Appeals · 1984
  4. In Re Estate of LeeNew Mexico Court of Appeals · 2001
  5. Pidcock v. ApodacaNew Mexico Court of Appeals · 2001

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