SUCCESSION OF MEYER

No. 88-590.

550 So.2d 372 (1989)

SUCCESSION OF Myrtle Levy MEYER. Marjorie Meyer ARSHT, Plaintiff-Appellant, v. Elene Meyer DAVIS, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 7, 1989.


Attorney(s) appearing for the Case

Mark H. Tompkins, Pluache, Hartley, & Tompkins, Lafayette, Joseph H. Stephens, Stephens & Willey, Houston, Tex., for plaintiff-appellant.

John G. Torian, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, Wm. S. Strain, Strain, Dennis, Ellis, Mayhall & Bates, Baton Rouge, for defendant-appellee.

Before DOMENGEAUX, FORET and KING, JJ.


FORET, Judge.

Marjorie Meyer Arsht (plaintiff) instituted the present action against her sister, Elene Meyer Davis (defendant), alleging that a 1959 transfer of real estate by plaintiff's mother to defendant herein is void or, in the alternative, subject to collation. Defendant filed exceptions of no right of action, lack of procedural capacity, and prescription. The trial court granted the defendant's exceptions of no right of action and lack of procedural capacity...

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