IN RE SUCCESSION OF SANDIFER

No. 05-860.

923 So.2d 862 (2006)

SUCCESSION OF Matthew L. SANDIFER.

Court of Appeal of Louisiana, Third Circuit.

March 1, 2006.


Attorney(s) appearing for the Case

Ralph W. Kennedy, Alexandria, LA, for Appellant, Anthony Dewayne Bell.

Lottie L. Bash, Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Appellant, Anthony Dewayne Bell.

William A. Pesnell, The Pesnell Law Firm, Shreveport, LA, for Appellee, Leslie Leon Sandifer.

Anthony D. Bell, Colfax, LA.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and GLENN B. GREMILLION, Judges.


AMY, Judge.

The testator executed a notarial will in which he bequeathed his entire estate to one of his eight children. The remaining siblings attacked the will alleging that their father could not read and that the procedure set forth in La.Civ.Code art. 1579 for testators who are unable to read was not followed. Following a bench trial, the trial court found that the testator was illiterate and declared his will null and void. The dative testamentary executor appeals...

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