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SUCCESSION OF WATERMAN

No. 54354.

298 So.2d 731 (1974)

Succession of Mrs. Marjorie THOMS, widow of Walter Flower WATERMAN.

Supreme Court of Louisiana.

Rehearing Denied August 30, 1974.

Attorney(s) appearing for the Case

Thomas B. Lemann, Norris S. L. Williams, Monroe & Lemann, New Orleans, for applicant.

Val A. Schaff, III, Schaff & Currier, New Orleans, for respondent.

SANDERS, Chief Justice.

This probate action requires the construction of a will. The question is whether a testamentary direction to pay from the residuary estate "all my just debts" includes a debt secured by a mortgage on a residence bequeathed to a special legatee or whether it includes only unsecured debts. The question is res nova in Louisiana. The Court of Appeal held that the testamentary direction did not include payment of the secured debt.

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