IN RE SUCCESSION OF SCOTT

No. 2005 CA 2609.

950 So.2d 846 (2006)

In the Matter of the SUCCESSION OF Coley Austill SCOTT, Sr.

Court of Appeal of Louisiana, First Circuit.

Writ Denied January 26, 2007.


Attorney(s) appearing for the Case

Thomas W. Acosta, Jr., Port Allen, Counsel for Appellee Dawn Scott.

Carey J. Messina, Todd A. Rossi, Scott D. Huffstetler, Baton Rouge, Counsel for Appellants Katie Robison Scott, Coley A. Scott, Jr., and Charles Allen Scott.

Gregory O. Wilson, Baton Rouge, Counsel for Appellee Steven Scott.

Forrest Scott, Denham Springs, Appellee In Proper Person.

Before: PARRO, GUIDRY, and McCLENDON, JJ.


GUIDRY, J.

Appellants challenge a trial court judgment declaring that the income beneficiary of a testamentary trust was not a "named legatee" for purposes of the testament's in terrorem clause. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On September 19, 2004, Coley Austill Scott, Sr., died at Our Lady of the Lake Hospital in Baton Rouge. A notarial testament executed by Mr. Scott on September 13, 2004, was filed...

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