SPELL v. FOREMAN

No. 82-736.

430 So.2d 327 (1983)

Frank SPELL, Jr., Plaintiff-Appellant, v. C. Paul FOREMAN, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

April 13, 1983.


Attorney(s) appearing for the Case

Edwards, Stefanski & Barousse, Nolan J. Edwards, Crowely, for plaintiff-appellant.

McBride & Foret, Robert R. McBride, Lafayette, for defendant-appellee.

Thompson & Sellers, Charles M. Thompson, Abbeville, for third party appellee.

Before GUIDRY, STOKER and KNOLL, JJ.


GUIDRY, Judge.

This is an action to annul a probated will because of the alleged incapacity of the testatrix.

On January 24, 1952, Rose Spell executed an olographic will making her husband, Elie Forman, her universal and sole legatee. In 1976, Mrs. Spell died. The will was probated and a judgment of possession was signed on June 4, 1976, placing Mr. Forman in possession of all her property. On January 22, 1981, Frank Spell, Jr., one of decedent's surviving...

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