SCHOEN v. BURNS

Nos. 10338, 10339.

321 So.2d 908 (1975)

Gladys Burns SCHOEN et al. v. Ernest David BURNS. Ernest David BURNS v. SUCCESSION OF Preston Allan BURNS et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 24, 1975.


Attorney(s) appearing for the Case

Louis B. Graham, New Orleans, for defendant-appellant in No. 10338 and plaintiff-appellant in No. 10339.

Maurice J. LeGardeur, Jr., Covington, for plaintiff-appellee in No. 10338 and defendants-appellees in No. 10339.

Before LANDRY, BLANCHE and YELVERTON, JJ.


LANDRY, Judge.

The appeals taken in these consolidated matters by Ernest David Burns (Appellant) present the principal issue of whether an action by a forced heir to annul, for alleged fraud and ill practice, a judgment probating a will which deprives the heir of his legitime, is an action to reduce an excessive donation which prescribes in five years pursuant to LSA-C.C. art. 3542, or whether such a suit is governed by LSA.C.C.P. art. 2004, which allows an action...

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