SUCCESSION OF MICHELLE BETH ROY BOOTH AND ROBERT MARK BOOTH, SR.
SUPERVISORY WRITS FROM THE FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 58376 HONORABLE SHARON D. WILSON,
S. Sigler Bryant & Sigler, LLC Counsel for Relator:
Michael Christopher Booth
Guillory Erin F. Hargrave Law Office of Brad Guillory Counsel
for Respondent: Rebecca Michelle Booth
composed of Elizabeth A. Pickett, Phyllis M. Keaty, and
Candyce G. Perret, Judges.
PHYLLIS M. KEATY JUDGE
Relator seeks supervisory writs from a trial court judgment
which granted relief sought by the Respondent in her Petition
to File and Execute Testaments, for Removal of Administrator,
and for Appointment of Independent Executrix. For the
following reasons, we reverse the trial court judgment and
remand this matter to the trial court for further
OF THE CASE
instant case arises from the succession proceedings of
husband and wife, Michelle Roy Booth and Robert Mark Booth,
Sr. Mrs. Booth died on March 1, 2015, and Mr. Booth died on
June 4, 2018. The Booths left behind three children born of
their marriage: Michael Christopher Booth, Sr., the relator
herein; Rebecca Michelle Booth, the respondent herein; and
Robert Mark Booth, Jr.
filed a Petition for Appointment of Administrator
(Michael's Petition) on September 14, 2018, wherein he
asserted, in part:
Petitioner files herewith an Affidavit of Death, Domicile,
and Heirship. No valid last wills and testaments exist for
either MICHELLE BETH ROY BOOTH or ROBERT MARK BOOTH, SR. Only
copies of their purported last wills and testaments were
located, as they have been marked "copy" on the top
right-hand side of the first page, and they would be
considered absolutely null under LSA-C.C.Art. 1573. They
featured no signatures on each and every page, as is required
for a notarial testament under LSA-C.C.Art. 1577.
was subsequently appointed as administrator.
October 11, 2018, Rebecca filed a Petition to File and
Execute Testaments, For Removal of Administrator, and For
Appointment of Independent Executrix (Rebecca's
Petition), to which she attached the purported original wills
of their parents. Michael filed an opposition to
Rebecca's Petition, arguing that their parents' wills
were "facially and fatally invalid, defective
testaments." Following a hearing, the trial court signed
a judgment on January 15, 2019, granting Rebecca's
Petition, declaring that the decedents' wills were
"valid and shall be executed according to law,"
removing Michael as administrator of their parents'
successions, and appointing Rebecca as the independent
executrix of their parents' succession.
timely sought expedited supervisory review from this court.
We ordered the matter stayed pending our review of the
proper procedural vehicle to contest an interlocutory
judgment that does not cause irreparable harm is an
application for supervisory writs. See La. C.C.P.
arts. 2087 and 2201." Brown v. Sanders,
06-1171, p. 2 (La.App. 1 Cir. 3/23/07), 960 So.2d 931, 933.
to La.Civ.Code art. 1573, "[t]he formalities prescribed
to the execution of a testament must be observed or the
testament is absolutely null." The requirements for a
notarial testament are found in La.Civ.Code art. 1577, which
The notarial testament shall be prepared in writing and dated
and shall be executed in the following manner. If the
testator knows how to sign his name and to read and is
physically able to do both, then:
(1)In the presence of a notary and two competent witnesses,
the testator shall declare or signify to them that the
instrument is his testament and shall sign his name at the
end of ...