Gushwa v. Hunt

CHÁVEZ, Chief Justice

(dissenting).

{39} Decedent George Gushwa executed a document (the Revocation of Missing Will(s) document) explaining that he wanted his pri- or will to be revoked and describing how he wished his property to be distributed upon his death. He was careful to follow all of the formalities required of a testator under the New Mexico Probate Code. After his death, the district court, without any specific fact-finding, refused to give effect to Decedent’s clearly expressed desires. The majority gives this decision its seal of approval, relying on the formalities of the Probate…