AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

The case concerns a dispute over the revocation of a will by the deceased, who allegedly attempted to revoke his original will through a document titled "Revocation of Missing Will(s)" and by writing "revoked" on a photocopy of the will. The original will provided for the deceased's separate property to be held in trust for his wife during her lifetime, with the remainder to be distributed to his nieces and nephews. The wife claimed the deceased was pressured into executing the will and sought to revoke it, while the niece argued the revocation attempts were legally ineffective (paras 2-7).

Procedural History

• District Court of Roosevelt County: Granted summary judgment in favor of the niece, finding that the deceased's attempts to revoke his will were legally ineffective (paras 1, 8).

Parties' Submissions

• Appellant (Wife): Argued that the "Revocation of Missing Will(s)" document was testamentary in nature and validly revoked the will. She also contended that writing "revoked" on a photocopy of the will was sufficient to revoke the original. Additionally, she claimed there were disputed material facts regarding the deceased's intent and efforts to obtain the original will (paras 1, 10).
• Respondent (Niece): Asserted that the deceased's revocation attempts were invalid under New Mexico probate law, as the "Revocation of Missing Will(s)" document was not a subsequent will, and a revocatory act on a photocopy of the will was legally insufficient (paras 7, 10).

Legal Issues

• Whether the "Revocation of Missing Will(s)" document constituted a valid revocation of the deceased's original will under New Mexico probate law.
• Whether performing a revocatory act on a photocopy of a will is sufficient to revoke the original will.
• Whether disputed material facts regarding the deceased's intent precluded summary judgment.

Disposition

• The Court of Appeals affirmed the district court's grant of summary judgment in favor of the niece, holding that the deceased's attempts to revoke his will were legally ineffective (para 30).

Reasons

Per Pickard J. (Sutin CJ. and Kennedy J. concurring):

• The court held that the "Revocation of Missing Will(s)" document did not satisfy the requirements of NMSA 1978, § 45-2-507(A)(1), as it was not a subsequent will. The document lacked testamentary intent to operate upon the deceased's death and explicitly stated it was not a subsequent will (paras 12-16).
• The court determined that writing "revoked" on a photocopy of the will was insufficient to revoke the original will under § 45-2-507(A)(2). A revocatory act must be performed on the original will or a fully executed duplicate original, not on a photocopy (paras 17-21).
• The court rejected the wife's argument that the deceased's intent to revoke the will should override statutory requirements. It emphasized that New Mexico law does not permit revocation by intent alone and requires compliance with statutory methods (paras 23-28).
• The court noted that the deceased could have revoked his will by executing a new will and destroying it immediately after execution, but he did not take such steps (para 29).