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IN RE SUCCESSION OF SMITH

No. 01-CA-930.

806 So.2d 909 (2002)

SUCCESSION OF Jo-El Stengel SMITH a/k/a Mrs. Milton J. Smith.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 4, 2002.

Attorney(s) appearing for the Case

Wiley J. Beevers, Raylyn R. Beevers, Bernard M. Plaia, Gretna, LA, Attorneys for Plaintiff/Appellee (Diane Smith Peterson).

James F. Willeford, New Orleans, LA, Attorney for Defendant/Appellant (James Calvin Smith).

Panel composed of Judges EDWARD A. DUFRESNE, Jr., SOL GOTHARD and JAMES L. CANNELLA.

GOTHARD, Judge.

This is an appeal from a judgment of the trial court which invalidated a notarial will on the basis that is does not meet the requirements of LSA-C.C. article 1577. For reasons that follow, we affirm.

The record shows that the last will and testament of the deceased, Jo-El Stengel Smith, was executed on August 9, 2000 while she was a patient in the hospice area of Touro Infirmary. Decedent is survived by two adult children, James Calvin Smith...

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