HOPSON v. RATLIFF

No. 82-564.

426 So.2d 1377 (1983)

Wilma Lee HOPSON, Testamentary Executrix of the Succession of Clara Farquhar Heins, Plaintiff-Appellant, v. Helen Farquhar RATLIFF, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1983.


Attorney(s) appearing for the Case

Jones, Tete, Nolan, Hanchey, Swift & Spears, Carl H. Hanchey, Lake Charles, for plaintiff-appellant.

Cox, Cox & Townsley, James J. Cox, Scofield, Bergstedt, Gerard, Mount Vernon, Thomas W. Bergstedt, Lake Charles, for defendants-appellees.

Before DOMENGEAUX, FORET and DOUCET, JJ.


DOUCET, Judge.

Petitioners herein appeal the district judge's interpretation of an olographic will whereby lapsed particular and residual legacies were granted to respondents, legal heirs of legatee who predeceased the testatrix, rather than the named surviving legatees. We affirm.

The issues presented on appeal are: (1) whether the residuary clause of decedent's will was distributive rather than conjoint, thereby precluding accretion in favor of the surviving...

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