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IN RE SUCCESSION OF WINTERS

No. 02-0961.

837 So.2d 1287 (2003)

SUCCESSION OF Patrick Cleveland WINTERS.

Court of Appeal of Louisiana, Third Circuit.

February 5, 2003.

Attorney(s) appearing for the Case

Silas B. Cooper Jr., Cooper, Woodruff & Robicheaux, Abbeville, LA, for: Larry Winters and Sandra Winters.

Royale L. Colbert, Lafayette, LA, for: Patrick Prejean.

Court composed of NED E. DOUCET, JR., Chief Judge, and OSWALD A. DECUIR and MARC T. AMY, Judges.

DECUIR, Judge.

On November 19, 2001, Patrick Prejean filed a claim in the succession proceedings of Patrick Winters who died on November 22, 2000. Prejean contends he is the illegitimate son of Winters and has asserted a claim for a portion of his estate. The succession representative, Larry Winters, brother of the deceased, filed an exception of prescription in response to Prejean's claim. Relying on the provisions of La. Civ.Code art. 209, the trial court maintained...

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