Viramontes v. Viramontes

CARMODY, Chief Justice; and NOBLE, Justice

(dissenting).

We agree that the determination of whether the trial court properly declined probate of the Viramontes will turns upon whether the decedent, at the time of his death, was domiciled in Luna County, New Mexico, or in El Paso County, Texas, and that in arriving at that determination we must look to the testator’s intent at the time of the making of the will, and to his acts,- conduct and the subsequent surrounding circumstances to determine whether a change of domicile occurred since execution of the will.

It appears to be conceded that the…