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SUCCESSION OF KILPATRICK

No. 15039-CA.

422 So.2d 464 (1982)

SUCCESSION OF Willard H. KILPATRICK. SUCCESSION OF Willard H. KILPATRICK, Plaintiff-Appellee, v. FIRST NATIONAL BANK OF SHREVEPORT, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 9, 1982.

Attorney(s) appearing for the Case

Brown, Wicker & Amman by William D. Brown and Frederic C. Amman, Monroe, John L. Landrem, Jr., Lawrence M. Johnson, Shreveport, Whitten & Blake by Leon H. Whitten, Jonesboro, for plaintiffs-appellees, Harper Terrill and Arnold R. Kilpatrick.

Beard & Sutherland by Frederick H. Sutherland, Sockrider & Bolin by H.F. Sockrider, Jr., Shreveport, for defendant-appellant, First Nat. Bank of Shreveport.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

First National Bank of Shreveport (hereinafter referred to as the "Bank") appeals a judgment upholding the validity of Willard H. Kilpatrick's nuncupative will by private act dated January 16, 1977.

The issues concern whether res judicata is applicable, whether the decedent had the capacity to make a will and whether the formalities required of this type will were observed.1

FACTS

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