Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Succession of Bruce

Court of Appeals of Louisiana, Third Circuit

January 8, 2020

SUCCESSION OF PEGGY BLACKWELL BRUCE

          APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 58160 HONORABLE RONALD F. WARE, DISTRICT JUDGE

          Winfield E. Little, Jr. Little Law Firm COUNSEL FOR APPELLANT: Ginger Patton

          Christopher J. Guillory Christopher J. Guillory, L.L.C. COUNSEL FOR APPELLEE: Julian Bruce

          Court composed of John D. Saunders, Phyllis M. Keaty, and Jonathan W. Perry, Judges.

          JOHN D. SAUNDERS JUDGE.

         In this succession case, the proponent of a notarial testament challenges the trial court's judgment declaring the testament an absolute nullity. For the reasons that follow, we affirm the trial court's judgment.

         FACTS

         Peggy Blackwell Bruce (Peggy) died testate on June 15, 2018. In her last will and testament dated November 21, 2016, Peggy named her niece, Ginger Blackwell Patton (Ginger), as her sole legatee and executrix of her estate. Ginger filed a petition on June 18, 2018, to probate the will and to be appointed executrix. On that same date, the trial court signed an order admitting the will to probate and appointing Ginger executrix.

         On June 20, 2018, Peggy's widower, Julian Bruce (Julian), filed a petition to annul the will and remove Ginger as executrix due to an allegedly defective attestation clause. Specifically, Julian alleged:

The purported Last Will and Testament of "Peggy B. Bruce" contain[s] a fatally defective attestation clause which reads as follows:
Signed on each page and declared by Testator, PEGGY B. BRUCE, above named, in our presence, to be her Last Will and Testament, and in the presence of the Testatrix and each other, we hereunto subscribed our names on this 21st day of November 2016.
. . . .
Specifically, the attestation clause contained in the said purported testament is fatally defective in that it:
(1)Fails to confirm or declare that Mrs. Bruce signed "at the end" as well as "on each other separate page"; and
(2)Fails to clearly specify that the witnesses and notary actually witnessed Mrs. Bruce's signing of the document.

         Julian argued the attestation clause is not the same as the declaration provided by La.Civ.Code art. 1577(2); thus, the will is null and void.

         In opposition, Ginger asserted the will was executed by the testator, witnesses, and notary as required by La.Civ.Code ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.