SUCCESSION OF WAGNER

No. CA-0343.

431 So.2d 10 (1983)

SUCCESSION OF Herbert U. WAGNER.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 24, 1983.


Attorney(s) appearing for the Case

Robert F. Fadaol, Gretna, for plaintiff-appellant.

F.L. DeSalvo, Foster & DeSalvo, Gretna, for defendant-appellee.

Before SCHOTT, GARRISON and BARRY, JJ.


BARRY, Judge.

Herbert U. Wagner died testate on August 26, 1975 at his domicile in Plaquemines Parish. He was married on October 4, 1917 to Byrtie A. Fisher and they had five children. Mr. Wagner's wife pre-deceased him and one of their children, Herbert G. Wagner, died on October 3, 1972 and was survived by a son. The dispositive portion of his will provides:

All of the property which I own is located in Louisiana and is community property, belonging to...

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