In Re Estate Of Amelina Padilla Gonzales

Petitioner Margarito Martinez appeals from the trial court's order setting aside the will of Amelina Padilla Gonzales on the ground of undue influence. He contends that the trial court erred in concluding that he had the burden of rebutting a presumption of undue influence and that he failed to do so. See NMSA 1978, § 45-3-407. We reverse.