Legal Opinion

Mills v. Kelly

New Mexico Court of Appeals

Decided February 3, 1983No. 5837PublishedCited by 16 opinions

1Opinion of the Court

OPINION

DONNELLY, Judge.

Appellant, Emma Mills appeals from an order granting summary judgment and which denied admission to probate of a purported handwritten will of Pat H. Kelly, deceased.

On appeal, the sole issue asserted by appellant is that the entry of summary judgment was improper because of the existence of genuine issues of material fact regarding the proper execution and legal sufficiency of the purported last will and testament of decedent. We reverse.

Pat H. Kelly executed a formal will dated October 18, 1974, prepared by an attorney and which left all of his real, personal or mixed…

2Cases cited37 opinions

  1. First National Bank Ex Rel. Huckleby v. Nor-Am Agricultural Products, Inc.New Mexico Court of Appeals · 1975
  2. Stambaugh v. HayesNew Mexico Supreme Court · 1940
  3. Kelly v. MontoyaNew Mexico Court of Appeals · 1970
  4. In Re Estate of SilvaCalifornia Supreme Court · 1915
  5. Estate of SargavakCalifornia Supreme Court · 1950

32 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Pena v. New Mexico Highway DepartmentNew Mexico Court of Appeals · 1983
  2. Reynolds Ex Rel. Estate of Reynolds v. SwigertNew Mexico Court of Appeals · 1985
  3. Matter of Estate of FosterNew Mexico Court of Appeals · 1985
  4. Benton v. Albuquerque National BankNew Mexico Court of Appeals · 1985
  5. Wilson v. FritschyNew Mexico Court of Appeals · 2002

11 more not listed; retrieve them via the Exa API.

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