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FRANCE v. CAHILL

No. CA 1854.

459 So.2d 663 (1984)

Karen M. FRANCE, Dative Testamentary Executrix of the Succession of Enrico P. Russo v. Lorraine T. CAHILL, American Bank & Trust Company, and/or National American Bank of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 1984.

Attorney(s) appearing for the Case

George L. Wax; Val A. Schaff, III, Schaff & Currier, New Orleans, for plaintiff-appellee.

Maurice B. Freidman, New Orleans, for defendant-appellant, Lorraine T. Cahill.

Before GULOTTA, SCHOTT and WARD, JJ.

SCHOTT, Judge.

This is a suit by Karen M. France, as executrix of the succession of her uncle, Enrico P. Russo, to compel defendant, Lorraine T. Cahill, to return to the succession $27,800 she allegedly took from the decedent during his last days. Defendant contended that the decedent gave her the money as a donation. From a judgment in favor of the executrix defendant has appealed. The sole issue is whether the trial court's credibility determination can be set aside...

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