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KING v. SUCCESSION OF LOWDERBACK

No. 21763-CA.

567 So.2d 716 (1990)

Bessie Cecile KING, Plaintiff-Appellee, v. SUCCESSION OF Bessie LOWDERBACK, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

September 26, 1990.

Attorney(s) appearing for the Case

Tommy C. Rutledge, De Quincy, for defendants-appellants.

Susan D. Scott and Donald R. Miller, Shreveport, for Bessie Cecile King.

Before MARVIN, C.J., and FRED W. JONES, Jr. and SEXTON, JJ.

MARVIN, Chief Judge.

In this declaratory judgment action to interpret a mother's will to her children, the trial court ruled the testatrix intended the bequest of her home to one of her four children as an extra portion. The other three children appeal, contending that the intent to bequeath as an extra portion was not expressed unequivocally so as to overcome the Civil Code principle that a testatrix is presumed to intend to treat her children equally. CC Arts. 1227...

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