SUCCESSION OF LYONS

No. CA-0635.

441 So.2d 229 (1983)

SUCCESSION OF Henry LYONS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 22, 1983.

Writ Granted January 27, 1984.


Attorney(s) appearing for the Case

James H. Minge, New Orleans, for appellant.

Milton E. Brener, New Orleans, for appellee.

Before REDMANN, GULOTTA, GARRISON, BARRY and LOBRANO, JJ.


GULOTTA, Judge.

In this will contest, Henry Lyons, a nephew of the decedent (Henry Lyons, Sr.) appeals from a judgment annulling the December 14, 1981 olographic will, which names the nephew as universal legatee.

The two-pronged attack in the trial court was that the will was not in the testator's handwriting and that the testator lacked testamentary capacity. The trial judge concluded that the will "was written...

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