SUCCESSION OF MITCHELL

No. CA-8837.

524 So.2d 150 (1988)

SUCCESSION OF Emelda Gracien MITCHELL.

Court of Appeal of Louisiana, Fourth Circuit.

As Amended April 18, 1988.

Rehearing Denied May 11, 1988.


Attorney(s) appearing for the Case

Roger B. Jacobs, Jacobs & Loffelholz, New Orleans, for plaintiffs-appellants Warner, Elaine Warner and Alvin Warner.

John D. Lambert, Jr., New Orleans, for appellee, Ruth L. Bradford.

A. Russell Roberts, Metairie, for defendants-appellees Elizabeth Humphrey, Hugh E. Humphrey, III, June Humphrey, Janice Humphrey and John Humphrey.

Buchler and Buchler, Harold A. Buchler, Jr., Metairie, for defendant-appellee.

Before BYRNES, CIACCIO and PLOTKIN, JJ.


BYRNES, Judge.

By this appeal, plaintiffs-appellants, Emelda Warner, Elaine Warner and Alvin Warner assert that the trial court erred in dismissing their rule to declare the will of Emelda Gracien Mitchell null and void. We agree and reverse.

FACTS

On December 15, 1982, a statutory will was executed by the decedent with Ruth Bradford and Rosell Bradford as the two witnesses. Among the several special bequests contained in the will, $500.00 was left...

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