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SPILLER v. HERPEL

No. 11637.

357 So.2d 572 (1978)

T. D. SPILLER, Jr. v. Peggy Mattingly HERPEL, Individually and as Testamentary Executrix of the Succession of Ama Spiller Mattingly.

Court of Appeal of Louisiana, First Circuit.

Writ Refused May 12, 1978.

Attorney(s) appearing for the Case

Davis A. Gueymard and James H. Hynes, Baton Rouge, for plaintiff and appellant.

Donald L. Peltier, Peltier & Peltier, Thibodaux, for defendant and appellee.

Before LANDRY, SARTAIN and ELLIS, JJ.

ELLIS, Judge.

On November 18, 1963, Mrs. Ama Spiller Mattingly executed a statutory will containing the following bequest:

"I give and bequeath to my nephew, T. D. Spiller, Jr., the sum of Ten Thousand ($10,000.00) Dollars and also all of my interest in the land and residence located at 403 Ridgefield Road, Thibodaux, Louisiana,. . . ."

On March 22, 1968, Mrs. Mattingly was interdicted by judgment of the 17th Judicial District Court, and William...

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