Viramontes v. Viramontes

COMPTON, Justice.

This appeal is from an order of the district court of Luna County, New Mexico authorizing the withdrawal of the last will and testament of Pablo Viramontes, deceased, from original probate in Luna County, New Mexico, and directing the proceeding for probate to be instituted in El Paso County, Texas. The pertinent statute, § 31-1-3, 1953 Comp., in part, provides:

“Letters testamentary and of administration shall be granted in the county in which the mansion, house or place of abode of the deceased is situated. * * * ” (Emphasis ours.)

The principal issue is whether the decedent…