SUCCESSION OF POYNOT

Nos. CA 1461, CA 1462.

461 So.2d 1070 (1984)

SUCCESSION OF Edna LaCroix POYNOT. Oscar POYNOT, Provisional Curator v. Gerald PFISTER.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 24, 1985.


Attorney(s) appearing for the Case

William F. Wessel, Victoria Lennox Bartels, New Orleans, and Harry Burglass, Kenner, for appellants Gerald G. Pfister, Trist Pfister, Tracy Pfister and Keith Pfister.

Arthur C. Reuter, Reuter, Reuter, Reuter & Pizza, New Orleans, for appellees Meline Heckler, widow of Edgar Poynot; Elva Poynot, wife of Lionel Boulmay; and Oscar F. Poynot.

F.L. DeSalvo, Foster & DeSalvo, Gretna, for appellees Joseph Peter Pujol, Jr. and Esther Clements.

Before REDMANN, C.J., and KLEES and WILLIAMS, JJ.


REDMANN, Chief Judge.

The beneficiaries of wills and an act of adoption appeal from a judgment invalidating those instruments on the ground of mental incapacity of the testatrix-adopter at the times of their execution.

The question is whether opponents proved the mental incapacity. Their evidence, in the form of both medical expert and lay testimony, is abundant proof, if believed by the trier of fact, that decedent was incapacitated. From the medical point...

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