FULLER v. BAGGETTE

No. 36,952-CA.

847 So.2d 26 (2003)

James Roy FULLER, Jr., Executor of the Succession of Annie Mae Fuller Anderson, Plaintiff-Appellant, v. Wade R. BAGGETTE, Sr., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 19, 2003.


Attorney(s) appearing for the Case

Blackwell, Chambliss, Henry, Caldwell, Cagle & Camp, LLP, by Sam O. Henry III, Ronald Patrick Camp, West Monroe, for Appellant.

Davenport, Files & Kelly, LLP, by Thomas W. Davenport, Jr., Monroe, for Appellees, Wade R. Baggette, Auburn Corporation, and Nancy W. Baggette.

John Villars Baus, Jr., New Orleans, for Intervenor Appellee, New England Insurance Company.

Before WILLIAMS, CARAWAY and DREW, JJ.


DREW, J.

In this breach of fiduciary duty suit against the administrator of two successions, plaintiff appeals a judgment granting the administrator's exception of prescription. We reverse.

FACTS

Helen Smith Fuller ("Helen") died intestate on May 11, 1976. She was survived by only one descendant, her daughter Jo Anne Fuller ("Jo Anne"). Jo Anne administered some of the properties that had belonged to her mother, but she never opened her mother's...

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