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SUCCESSION OF FORMBY

No. 45571.

142 So.2d 157 (1961)

243 La. 120

Succession of Mrs. Mintie FORMBY.

Supreme Court of Louisiana.

On Rehearing June 4, 1962.

Dissenting Opinion June 19, 1962.

Attorney(s) appearing for the Case

Jackson & Reynolds, Homer, for appellants.

Campbell, Campbell & Marvin, Minden, for defendant-respondent.

McCALEB, Justice.

This litigation involves the validity of a disposition contained in a nuncupative will by public act dated January 21, 1925, executed by Mrs. Mintie Formby, who died on December 2, 1957, at the age of 95, leaving as sole heirs at law her six children (one son and five daughters), the issue of her marriage with John S. Formby, who died on April 24, 1924. The will recites:

"I give and bequeath all my property, both real and personal, and wherever...

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