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LEE v. KINCAID

No. 13533.

359 So.2d 232 (1978)

S. E. LEE, Jr., Plaintiff-Appellee, v. Doris Armstrong KINCAID et al., Defendants-Appellants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writ Refused June 9, 1978.

Attorney(s) appearing for the Case

Ellis & Ellis by Carey J. Ellis, Jr., Rayville, for defendant-appellant-appellee Doris Armstrong Kincaid.

Voelker, Ragland, Brackin & Crigler by Frank Voelker, Jr., Lake Providence, for plaintiff-appellee.

Samuel T. Singer, Winnsboro, for defendants-appellants-appellees, Ann Armstrong Johnson and Mary Alice Armstrong Robinson.

Dimos, Brown & Erskine by Donald R. Brown, Monroe, for defendants-appellants-appellees, Clyde Robinson and Tom Jones.

Before BOLIN, PRICE and MARVIN, JJ.

BOLIN, Judge.

Plaintiff brought this declaratory judgment proceeding seeking to have the validity of a will determined. After finding the will was invalid as a nuncupative will by private act, because the testator had named one of the witnesses as a legatee in contravention of Louisiana Civil Code Article 15921, the trial judge upheld the instrument as a statutory will. One of the defendants appeals and we affirm.

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