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Succession of Santifer

Court of Appeals of Louisiana, Second Circuit

September 26, 2018

SUCCESSION OF BENJAMIN SANTIFER, SR., ET AL.

          Appealed from the Forty-Second Judicial District Court for the Parish of DeSoto, Louisiana Trial Court No. 78, 382 Honorable Charles Blaylock Adams, Judge

          STEPHEN A. GLASSELL Counsel for Appellants, Clarice Moore Farris, Eloyce Moore Brown, Joyce Moore Peters.

          JEFFREY M. LANDRY Attorney General JEFFREY M. WALE Assistant Attorney General Counsel for Appellee, State of Louisiana.

          THE LAW OFFICES OF LUKE D. MITCHELL By: Luke D. Mitchell Counsel for Appellee, Land Endeavors, LLC and Jay Rossi.

          Before WILLIAMS, MOORE, and COX, JJ.

          Cox, J.

         This appeal arises out of the 42nd Judicial District Court, DeSoto Parish, Louisiana. Clarice Moore Farris, Eloyce Moore Brown, and Joyce Moore Peters (hereinafter referred to as "Petitioners") petitioned to be appointed co-administratrices of Benjamin Santifer, Sr.'s succession. Petitioners claimed to be the children of Mr. Santifer. Land Endeavors, LLC filed a peremptory exception of no right of action and prescription. The trial court granted the exception of prescription. Petitioners filed a motion for new trial, which was converted into a motion to reconsider. Petitioners' motion was denied by the trial court. Petitioners now appeal the trial court's rulings. For the following reasons, we affirm.

         FACTS

         Benjamin Santifer, Sr. ("Mr. Santifer") was born on April 9, 1890, and passed away on April 20, 1987. Mr. Santifer was married once, to Alice Colbert Santifer. Five sons were born of his marriage to Alice:

• Ben Santifer, Jr., who died in 1953;
• Mack Santifer, Sr., who died in 1997;
• Sam Santifer, who died in 1989;
• Jimmie Santifer, who died in 1990; and
• Cooper Santifer, who died in ...

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