SUCCESSION OF CAPTAIN

No. 5757.

341 So.2d 1291 (1977)

Succession of Walter D. CAPTAIN. Mrs. Lue Della CAPTAIN et al., Plaintiffs-Appellees, v. Walter D. CAPTAIN, Jr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion February 1, 1977.


Attorney(s) appearing for the Case

Ulysses Gene Thibodeaux, Lake Charles, for defendants-appellants.

Scotty G. Rozas, Lake Charles, for plaintiffs-appellees.

Before HOOD, DOMENGEAUX and WATSON, JJ.


HOOD, Judge.

The testator, Walter Dallas Captain, left a will bequeathing all of the property left by him to his seven surviving natural children.

One of those children, Walter D. Captain, Jr., in his alleged capacity as executor of the will of the testator, filed pleadings seeking a judgment "declaring the law which restricts the rights of illegitimate children to inherit" to be null and void, and "allowing the natural children to inherit the full estate...

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