Archive of LSCR Articles
Showing results for Category "SUCCESSIONS" | Jump to a direct Volume/Issue
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| SUCCESSIONS
| | 1. | Court upholds olographic testament containing multiple dates and signature in the middle of the document.
Succession of Laurie Maria Brocato, 2025-C-00367 (La. 03/06/2026) [12 pp.]
From LSCR Volume 34, Issue 3
Laurie Maria Brocato died on October 5, 2021. In March 2022 her nephew, Brandon Glorioso,
petitioned to probate Brocato's November 4, 2019, olographic testament, wh... view full summary | | 2. | Court remands on issue of payment of attorney's fees incurred by administratrix.
Succession of Paul Edward Hutchens, 2025-C-01550 (La. 02/10/2026) [3 pp.]
From LSCR Volume 34, Issue 2
The decedent in this succession proceeding died intestate with an estate valued at about $3
million and was survived by his wife, brother, and mother. He had no descend... view full summary | | 3. | Executrix had authority to sell immoveable property although trust prohibited her from doing so as trustee.
Succession of Carol James Aynond, Jr., 2025-C-01101 (La. 11/25/2025) [7 pp.]
From LSCR Volume 33, Issue 12
Carol James Aymond, Jr., died testate in 2021. He divided his estate between his daughter
Chantel and his younger daughter Delila, who was a minor. Aymond left a usufru... view full summary | | 4. | Executrix likewise did not breach duty to trust.
Valentina v. Bryan v. Chantel G. Aymond, 2025-C-01103 (La. 11/25/2025) [6 pp.]
From LSCR Volume 33, Issue 12
In this related case, the Court likewise found Chantel did not breach the duty she owed the
trust or the prudent administrator standard. Because the trust had not been ... view full summary | | 5. | Conditional legacy in will was valid, but attempted conditional legacy in codicil was not.
Succession of Cladie J. Wade, 2024-C-00635 (La. 03/21/2025) [10 pp.]
From LSCR Volume 33, Issue 3
Cladie J. Wade executed a statutory will dated August 13, 2007, dividing most of her
belongings between her two children, Alma and Carl. The will... view full summary | | 6. | Notarial will with initials instead of signature on first two pages was absolutely null.
Succession of John Wallace Frabbielle, 2024-CC-00091 (La. 12/13/2024) [22 pp.]
From LSCR Volume 32, Issue 12
In 2008 John Wallace Frabbielle executed a three-page document purporting to be his last
will and testament. He bequeathed the disposable portion of his estate to his t... view full summary | | 7. | Courts enforce no-contest clause after indirect attack on succession proceeding.
Succession of Bonny Babin Maloney, 2023-C-01447 c/w 2023-C-01452 (La. 09/06/2024) [10 pp.]
From LSCR Volume 32, Issue 9 Bonny Babin Maloney and Robert Maloney, Sr., were married and had five children: Robert, Jr., Kurt, Craig, Julie, and Jeanie. Jeanie pre... view full summary | | 8. | Court remands for contradictory hearing concerning appointment of provisional administrator.
In re: Succession of Betty Ruth Shadrick Hedin, 2024-CC-00249 (La. 03/06/2024) [3 pp.]
From LSCR Volume 32, Issue 3
In this case the district court appointed a provisional administrator without conducting a
contradictory hearing, ordering the taking of an inventory, or requiring the ... view full summary | | 9. | Duplicate required to prove validity of lost notarial testament.
In re Succession of Diana Bartlett Morgan, 2022-C-01763 (La. 09/08/2023) [17 pp.]
From LSCR Volume 31, Issue 9
Diana Lynn Ford filed a petition to open the small succession of her mother, Diana Bartlett
Morgan. The petition alleged the decedent died intestate because an... view full summary | | 10. | Legal wife not entitled to any portion of deceased husband's community assets from subsequent absolutely null marriage where putative spouses were in good faith.
Succession of Willie Clyde Burns, 2022-C-00263 (La. 12/09/2022) [11 pp.]
From LSCR Volume 30, Issue 12
Willie Clyde Burns married Silver Ruth Cooper in 1959. They lived in Claiborne Parish and
had three children. They separated almost seven years later in 1966. That year... view full summary | | 11. | New peremptive period for filiation claim in succession proceeding applied retroactively to filiation claim that was extinguished under prior law.
Succession of Rosalie Handy Lewis and John Charles Lewis, 2022-CC-00079 (La. 10/21/2022) [28 pp.]
From LSCR Volume 30, Issue 10
In August 2020 Rosalie Handy Lewis and John Charles Lewis died from carbon monoxide
poisoning in the aftermath of Hurricane Laura. They were married, and five children wer... view full summary | | 12. | Forced heirs not entitled to maintenance during administration of succession.
Succession of Raymond John Brandt, 2021-CC-01521 (La. 09/09/2022) [33 pp.]
From LSCR Volume 30, Issue 9
Raymond Brandt died on November 14, 2019, survived by his wife, Jessica. Brandt did not
have biological children of his own, but he and Jessica had adopted ... view full summary | | 13. | Court upheld testamentary trust provision that was conditioned on beneficiary not having descendants or a spouse.
Succession of Dean Allen Bradley, 2021-C-01159 (La. 03/25/2022) [11 pp.]
From LSCR Volume 30, Issue 3
In April 2002 Donald Bradley Sr. executed a will by which he established two separate trusts,
with equal shares of his remaining estate left for the principal benefit o... view full summary | | 14. | Court denies certification request from U.S. Fifth Circuit.
Walter G. Goodrich v. United States, 2021-CQ-00988 (La. 11/17/2021) [3 pp.]
From LSCR Volume 29, Issue 11
Henry Goodrich Sr. and Tonia Goodrich owned property during their marriage, including
shares of stock and stock options in Goodrich Petroleum Corporation. To... view full summary | | 15. | Summary judgment not appropriate as to validity of conditional legacies.
Succession of Cladie J. Wade, 2021-C-01171 (La. 11/23/2021) [2 pp.]
From LSCR Volume 29, Issue 11
Cladie J. Wade executed a statutory will dated August 13, 2007, dividing most of her
belongings between her two children, Alma and Carl. The will... view full summary | | 16. | On rehearing, Court changes course: attestation clause substantially complied with Civil Code.
Succession of James Conway Liner, III, 2019-C-02011 (La. 06/30/2021) [17 pp.]
From LSCR Volume 29, Issue 7
James Liner executed a notarial testament in 2013 dividing his property equally among his
three adult children, Conway, Jeffrey, and Laura. In 2015 Liner executed anoth... view full summary | | 17. | Testament was invalid because attestation clause was not substantially similar to Civil Code language regarding signing on each page.
Succession of James Conway Liner, III, 2019-C-02011 (La. 01/27/2021) [22 pp.]
From LSCR Volume 29, Issue 1
James Liner passed away in October 2018. He had executed a notarial testament in 2013
dividing his property equally among his three adult children, Conway, Jeffrey... view full summary | | 18. | Attestation clause indicating testator had signed on each page was substantially similar to Civil Code requirement.
Succession of Peggy Blackwell Bruce, 2020-C-00239 (La. 01/27/2021) [11 pp.]
From LSCR Volume 29, Issue 1
Peggy Bruce passed away in 2018. In 2016 she executed a notarial testament naming her
niece as her sole legatee. Bruce's widower argued that the testament was invalid b... view full summary | | 19. | Attestation clause in notarial testament was insufficient, rendering testament null.
Succession of Lee Mark Hanna, Jr., 2019-C-01449 (La. 11/25/19) [3 pp.]
From LSCR Volume 27, Issue 11
Decedent created a testament dated September 19, 2012, naming his granddaughter
Savannah as his sole legatee. On October 18, 2012, he signed another testament... view full summary | | 20. | Act revoking prior wills was effective even without date.
Succession of Edward Robin, Sr., 2019-C-0405 (10/23/19) [18 pp.]
From LSCR Volume 27, Issue 10 Edward Robin, Sr. (Robin) had ten children -- five from his first marriage: Chris, Don, Brad, Edward, and Donna; three from his second m... view full summary | | 21. | Executor entitled to inspection of LLC records that pre-dated death of decedent.
Succession of Colleen McCalmont, 2019-C-0359 (La. 05/20/2019) [2 pp.]
From LSCR Volume 27, Issue 5
Colleen and James McCalmont were married in 1985. Colleen filed for divorce in August of
2016 but passed away from a brain tumor before the divorce was finaliz... view full summary | | 22. | Revocation clause in absolutely null testament did not revoke prior testaments, despite being in form of authentic act.
Succession of Charles George Harlan, 2017-C-1132 (La. 05/01/18) [16 pp.]
From LSCR Volume 26, Issue 5
The decedent, Charles Harlan, died in November 2015 and was survived by his second wife,
Xiaoping Harlan, and four adult children from his first marriage. In litigation ov... view full summary | | 23. | Purported notarial testament derived from internet template was absolutely null for lack of form.
Successions of Jeanette and Ronnie Toney, 2016-C-1534 (La. 05/03/17) [25 pp.]
From LSCR Volume 25, Issue 5
In 1993 Jeanette Toney executed a will in which she bequeathed her entire estate to her
husband, Ronnie Toney, or if he did not survive her, to her brothe... view full summary | | 24. | Intestate decedent's spouse with usufruct over decedent's share of community was required to provide security where naked owner was grandson and security had not been dispensed with.
Succession of Oleava K. Knighton, 2015-CC-0777 (La. 06/30/15) [2 pp.]
From LSCR Volume 23, Issue 6 Oleava Knighton died intestate. She was survived by her husband, Weldon, and her grandson, Kevin.
Kevin's father, who was Weldon's... view full summary | | 25. | Notarial testament upheld despite incomplete date in notary's attestation clause.
Succession of James Jason Holbrook, Sr., 2013-C-1181 (La. 01/28/14) [13 pp.]
From LSCR Volume 22, Issue 1 James Jason Holbrook, Sr. allegedly executed his last will and testament on April 8, 2009, naming
his wife as executrix. A complete da... view full summary | | 26. | Court recalls writ in case alleging breach of duty by independent executor.
Steven M. Davis v. Elmer E. Prescott, III, 2013-C-0669 (La. 11/05/13) [7 pp.]
From LSCR Volume 21, Issue 11 Edward Thomas Davis died in 2006, leaving five surviving children, including plaintiff, to inherit
a tract of immovable property in Cl... view full summary | | 27. | Heirs with standing to revoke a donation also have standing to enforce it.
Howard v. Administrator, Tulane Educational Fund, 2007-C-2224 (La. 01/07/08) [23 pp.]
From LSCR Volume 16, Issue 7 In 1886, Josephine Louise LeMonnier Newcomb ("Mrs. Newcomb") donated $100,000 to the Administrators of the Tulane Educational Fund of Tulane... view full summary | | 28. | Executor entitled to inspection of LLC records that pre-dated death of decedent.
Succession of Colleen McCalmont, 2019-C-0359 (La. 05/20/2019) [2 pp.]
From LSCR Volume 5, Issue 27
Colleen and James McCalmont were married in 1985. Colleen filed for divorce in August of
2016 but passed away from a brain tumor before the divorce was finaliz... view full summary |
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