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BLANC v. SUCCESSION OF SIMON

No. 4528.

295 So.2d 569 (1974)

Nicholas BLANC, Plaintiff-Appellee, v. SUCCESSION of Olita Vincent SIMON, Jeneus Simon, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 26, 1974.

Writ Refused September 20, 1974.

Attorney(s) appearing for the Case

J. Lyle DeBellevue, Crowley, for defendant-appellant.

Deshotels & Deshotels, by O. H. Deshotels, Jr., Kaplan, for plaintiff-appellee.

Before FRUGÉ, HOOD and DOMENGEAUX, JJ.

DOMENGEAUX, Judge.

Olita Vincent Simon died December 21, 1970, intestate, and her succession was opened by her surviving husband, Jeneus Simon. Neither ascendants nor descendants survived Olita Simon. An ex parte judgment of possession was signed December 28, 1970, whereby Jeneus Simon was recognized as owner of an undivided one-half (½) interest in and to all community property and as sole heir of the decedent, thereby being placed into possession of the remaining...

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