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IN THE MATTER OF SUCCESSION OF BLAKE

No. 82 CA 0449.

428 So.2d 1118 (1983)

In the Matter of the SUCCESSION OF Mrs. Adella BLAKE, Widow by First Marriage of Berlin E. Perkins and Widow by Second Marriage of Moses Turnley Walker.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 15, 1983.

Attorney(s) appearing for the Case

Lehman K. Preis, Baton Rouge, for plaintiffs-appellants Verdie Reece Perkins and Berlin E. Perkins, Jr.

Robert L. Roland, Baton Rouge, for defendant-appellee Louisiana Nat. Bank of Baton Rouge, Curator for the Property of Ethel Mae Perkins.

Before LOTTINGER, COLE and CARTER, JJ.

LOTTINGER, Judge.

This is a suit for a declaratory judgment brought by the naked owners of mineral rights, the grandchildren of Adella Blake Perkins, to determine their rights and those of the usufructuary of the mineral rights, Ethel Mae Perkins, the daughter of Adella Blake Perkins.

Plaintiffs-appellants contend the trial judge erred:

1. in not holding that a mineral right was a real right in land and a part of the land itself, prior to the Mineral...

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