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SUCCESSION OF RABITO

No. 3640.

229 So.2d 380 (1969)

SUCCESSION of Mrs. Annie WINTER, Widow of Anthony P. RABITO.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 12, 1970.

Attorney(s) appearing for the Case

Thomas J. Taylor, New Orleans, for plaintiff-appellee.

Reed, Reed & Reed, Floyd J. Reed, Forrest L. Bethay, New Orleans, for A. Paul Rabito, defendant-appellant.

Falvey J. Fox, New Orleans, for Mrs. Myrtle May Rabito, defendant-appellee.

Before HALL, BARNETTE and LeSUEUR, JJ.

BARNETTE, Judge.

This is an appeal by the principal beneficiary of a trust from a judgment decreeing the trust to exist for the lifetime of the income beneficiary.

Decedent, Annie Winter Rabito, died testate on July 16, 1958. Her will, dated October 24, 1957, reads as follows:

"My name is Annie Winter Rabito. My husband is dead. I have one living child, A. Paul Rabito.

"I give and bequeath to Myrtle May Rabito, daughter-in-law [widow of a...

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