Apodaca v. Escontrias

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This appeal is from a summary judgment entered against Plaintiffs/Appellants in a will contest. Summary judgment was based on the Defendants’ plea of the statute of limitations, Section 93 of the Probate Code. We reverse and remand.

The will in question was admitted to probate on December 12, 1974. Plaintiffs initiated this suit on June 6, 1978, alleging undue influence and testamentary incapacity as grounds for invalidating the will. Defendants asserted the two-year statute of limitations of Section 93, and in due time filed their motion for summary…