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SUCCESSION OF DUNBAR

No. 13879.

375 So.2d 148 (1979)

In re Succession of Emma DUNBAR, Deceased. Lulu M. BROWN, Plaintiff-Appellee, v. Willie DUNBAR, Jr., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Refused November 1, 1979.

Attorney(s) appearing for the Case

Baker, Culpepper & Brunwon by Bobby L. Culpepper and J. M. McDonald, Jonesboro, for defendant-appellant.

Walker, Holstead & Smith by R. Wayne Smith, Ruston, for plaintiff-appellee.

Before BOLIN, PRICE and MARVIN, JJ.

MARVIN, Judge.

The legatee of decedent's 1975 will appeals from a judgment that declared the 1975 will revoked by decedent's later will, made in 1977, and that ordered the 1977 will admitted to probate.

The issue is decedent's testamentary capacity when the 1977 will was executed. We affirm.

Testamentary capacity is always presumed. Succession of Patterson, 329 So.2d 925 (La.App.2d Cir. 1976). The burden of...

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