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SUCCESSION OF HIGGINS

No. 5258.

275 So.2d 447 (1973)

Succession of Mrs. Lena Wallace HIGGINS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 3, 1973.

Attorney(s) appearing for the Case

Bernard, Micholet & Cassisa, Andrew M. Weir, Metairie, for Adam R. Haydel, Dative Testamentary Executor, appellee.

Nelson & Nelson, John P. Nelson, Jr., New Orleans, for James D. English, heir and appellant.

Philip Gensler, New Orleans, curator ad hoc for absent heirs of William D. English, appellees.

Before REDMANN, STOULIG and BOUTALL, JJ.

STOULIG, Judge.

This appeal involves the disposition of a legacy lapsed by the death of the co-legatee, William D. English, who predeceased his testator mother. The court is called upon to decide the rights of the surviving co-legatee, James D. English, Jr., in the lapsed legacy vis-a-vis those of the children of the deceased legatee, who are now forced heirs by representation in the succession of the testator.

The decedent, Mrs. Lena Wallace Higgins, by olographic...

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