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MATTER OF ESTATES OF SMITH

No. 93 CA 1555.

638 So.2d 1144 (1994)

In the Matter of the ESTATES of Mark C. SMITH, Jr. and Julia Wood Smith.

Court of Appeal of Louisiana, First Circuit.

June 24, 1994.

Attorney(s) appearing for the Case

J. David McNeill, III, Baton Rouge, for defendant-appellant Bilwood Smith, Jr.

Harry P. Gamble, III, and Douglas S. Draper, New Orleans, for plaintiff-appellee Mark C. Smith, III.

Before WATKINS, SHORTESS and FOGG, JJ.

WATKINS, Judge.

The appellant, Bilwood Smith, Jr., (Exceptor), is a grandson and forced heir of decedents, Mark C. Smith, Jr. and Julia Wood Smith. The appellee, Mark C. Smith, III, (Administrator), is a son of the decedents and the administrator of their estates.

On July 29, 1992, Administrator filed a petition for a declaratory judgment in the succession proceedings. The petition sought a judicial determination of the effect of a cash sale by the decedent...

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