If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the district court shall enter an order to that effect. History: 1953 Comp., § 32A-3-411, enacted by Laws 1975, ch. 257, § 3-411. Cross references. — For burdens of proof in contested cases, see 45-3-407 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 870. May parts of will be upheld notwithstanding failure of other parts for lack of testamentary mental capacity or undue influence, 64 A.L.R.3d 261. 95 C.J.S. Wills §§ 317, 322.
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