SUCCESSION OF HUGUET

No. 96 CA 2663.

708 So.2d 1302 (1998)

SUCCESSION OF Thelma S. Prescott HUGUET.

Court of Appeal of Louisiana, First Circuit.

April 8, 1998.


Attorney(s) appearing for the Case

James E. Toups, Baton Rouge, for Plaintiff-Appellee Ann Garner McCulloch.

Paul S. West, Baton Rouge, William P. Stubbs, Jr., Lafayette, for Defendant-Appellant Wayne Brogdon, Executor.

Before LOTTINGER, C.J., and SHORTESS, WHIPPLE, FOGG, and KUHN, JJ.


SHORTESS, Judge.

Does the exchange of immovable property for interest in a partnership revoke a testamentary legacy of the testator's "right, title and interest" in the immovable property? The executor of the succession of Thelma S. Prescott Huguet brought this declaratory judgment action seeking an answer to this question. The trial court answered this question affirmatively, using the following syllogism:

A sale equals a revocation.

An exchange...

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