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SUCCESSION OF KITE

No. 6663.

366 So.2d 602 (1978)

Succession of George V. KITE. Robert J. KITE et al., Plaintiffs-Appellees, v. Billie R. KITE, Defendant-Appellant, Transamerica Insurance Company, Intervenor-Appellee-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied January 31, 1979.

Writ Refused March 23, 1979.

Attorney(s) appearing for the Case

Hunt, Godwin, Painter & Roddy, E. C. Hunt, Jr., Lake Charles, for defendant-appellant.

Raggio, Farrar, Cappel & Chozen, Richard A. Chozen, Lake Charles, for intervenor-appellee-appellant.

R. Keith Findley, Lake Charles, for plaintiffs-appellees.

Before CULPEPPER, FORET and CUTRER, JJ.

FORET, Judge.

This is an action brought to annul the probated statutory will of George V. Kite, which action was filed within three months of the date on which the will was introduced for probate. The determinative issue in this appeal is whether the decedent knew how to read, and therefore had the capacity to execute a statutory will under LSA-R.S. 9:2442.

George V. Kite died on March 4, 1977, leaving as his survivors his widow, Mrs. Billie R. Kite, and five...

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