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TEXACO v. NEWTON & ROSA SMITH CHARITABLE TRUST

No. 17012-CA.

471 So.2d 877 (1985)

TEXACO, INCORPORATED, Initiator of the Concursus, v. NEWTON AND ROSA SMITH CHARITABLE TRUST, Defendant-Appellant, Michael R. Smith and Cheryl L. Smith, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

June 12, 1985.

Attorney(s) appearing for the Case

Blanchard, Walker, O'Quin & Roberts by Reginald E. Cassibry, Shreveport, for Texaco, Inc.

Egan & Cook by Reuben W. Egan, and Patricia L. Roberts, Shreveport, for Newton & Rosa Smith Charitable Trust—appellant.

Peters, Ward, Bright & Hennessy by Frank Bright and J. Patrick Hennessy, Shreveport, for defendants-appellees Michael R. Smith and Cheryl L. Smith.

Lee & Bartage by Gordon O. Bartage, Shreveport, for defendant-appellee Curator Ad Hoc for Newton Smith.

Before MARVIN, JASPER E. JONES, SEXTON, JJ.

JASPER E. JONES, Judge.

The plaintiff, Texaco Incorporated, instituted this concursus proceeding to determine the ownership of a ½ mineral interest in a 500 acre tract of land in Caddo Parish. Funds accruing to the disputed interest were deposited in the registry of the court. The claimants are: (1) Michael and Cheryl Smith (appellees) who are the record owners of the 500 acres; and (2) the Newton and Rosa T. Smith Charitable Trust.1

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