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IN RE SUCCESSION OF BOYTER

No. 31,460-CA.

727 So.2d 685 (1999)

SUCCESSION OF Joseph Page BOYTER.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 18, 1999.

Writ Granted April 30, 1999.

Attorney(s) appearing for the Case

Bodenheimer, Jones & Szwak By James P. Bodenheimer, Shreveport, Counsel for Plaintiffs-Appellants, Frances Darlene Boyter Wells and Michael Page Boyter.

Barlow & Hardtner By Kay Cowden Medlin, Shreveport, Counsel for Defendants-Appellees, James Leslie Boyter and Jerry Wayne Boyter.

Before NORRIS, BROWN, and CARAWAY, JJ.

CARAWAY, J.

In this case, two children, excluded from their father's will, seek application of La. R.S. 9:2501 for an interpretation of the 1991 testament which would provide them with rights as forced heirs. Since the testator died after the 1995 changes to the law of forced heirship, the trial court ruled that plaintiffs were not forced heirs and dismissed their claims. Finding that La. R.S. 9:2501(B) is inapplicable for the construction and interpretation of the...

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