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IN RE SUCCESSION OF GARLINGTON

No. 06-426.

939 So.2d 633 (2006)

SUCCESSION OF Betty Deville Sharp GARLINGTON.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

Attorney(s) appearing for the Case

Guy O. Mitchell, III, Ville Platte, LA, for Defendants/Appellees, Hazel West Deville, Betty Deville Sharp Garlington, Anne Jean Ballard, Charles Don Deville, Patsy Deville Cloud.

Richard W. Vidrine, Ville Platte, LA, for Appellant, David Garlington.

Court composed of SYLVIA R. COOKS, MICHAEL G. SULLIVAN, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

The defendant, David Garlington, appeals the trial court's judgment finding that a subsequent testament by the decedent, Betty Deville Sharp Garlington, revoked a prior 1991 testament which was written in his favor. For the following reasons, we reverse and remand for further proceedings.

FACTS

Betty Deville Sharp Garlington died on July 6, 2003, and was survived by her husband, David, her mother, Hazel West Deville, and her siblings...

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