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RIVETTE v. MOREAU

No. 5194.

322 So.2d 790 (1975)

J. Daniel RIVETTE, Plaintiff-Appellant, v. Regis MOREAU, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 17, 1975.

Writ Granted February 3, 1976.

Attorney(s) appearing for the Case

Daniel J. McGee, Mamou, and Andrew Vidrine, Church Point, for plaintiff-appellant.

Sandoz, Sandoz & Schiff by Lawrence B. Sandoz, Jr., Opelousas, for defendant-appellee.

Before MILLER, WATSON and CUTRER, JJ.

MILLER, Judge.

Plaintiff J. Daniel Rivette appeals the judgment annulling a duplicate original statutory will presented for probate. The trial court held the testament had been tacitly revoked by destruction of a duplicate original. We reverse, dismiss the opposition and remand the case for probate of the May 5, 1964 statutory will.

J. Daniel Rivette is a nephew of Regis Moreau and a second cousin of the decedent Emily Mistric. He was both a beneficiary and...

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