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SUCCESSION OF SIMMS

Nos. 47706, 47707, 47712, 47713.

195 So.2d 114 (1965)

250 La. 177

Succession of Lillie Weir SIMMS, widow of Edward F. Simms.

Supreme Court of Louisiana.

On Rehearing November 7, 1966.

Second Rehearing Denied February 20, 1967.

Attorney(s) appearing for the Case

Eugene D. Saunders, Lawrence K. Benson, Guy C. Lyman, Jr., Milling, Saal, Saunders, Benson & Woodward, Leonard Oppenheim, H. Alva Brumfield, New Orleans, Sylvia Roberts, Baton Rouge, Decatur J. Holcombe, Houston, Tex., Chester A. Eggleston, New Orleans, for applicants.

Jack P. F. Gremillion, Atty. Gen., for amicus curiae.

Sidney Wright, Cobb & Wright, Morris Wright, Joseph V. Ferguson II, Wood Brown, Montgomery, Barnett, Brown & Read, John L. Toler, E. Harold Saer, Jr., Chaffe, McCall, Phillips, Burke, Toler & Hopkins, Sumter D. Marks, Jr., Louis B. Claverie, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, for respondents.

HAMITER, Justice.

Mrs. Elizabeth Franzheim Reese instituted this action in which she attacks the last will and testament of her late grandmother, Mrs. Lillie Weir Simms. According to her petition, filed in the succession proceedings of the testatrix, plaintiff attempts to (1) annul certain trust provisions contained in the will, (2) nullify the will's probate insofar as the trust provisions are concerned, and (3) cancel the district court's judgment which sent into...

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