Escontrias v. Apodaca

POPE, Justice.

This suit attacks the validity of Adelaida Apodaca’s will that was executed on November 28, 1971, and admitted to probate on December 12, 1974. On June 6, 1978, Solomon J. Apodaca and ten other heirs brought suit against Isabela Escontrias and Angelina Castaneda, the independent executrices of Adelaida’s estate. They prayed that the order probating the will be set aside because Adelaida lacked testamentary capacity and succumbed to undue influence that amounted to a fraud upon her estate. The defendant executrices pleaded the two-year statute of limitations as provided in…