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IN RE SUCCESSION OF FRANKLIN

No. 42,496-CA.

968 So.2d 811 (2007)

SUCCESSION OF Dona Mae FRANKLIN.

Court of Appeal of Louisiana, Second Circuit.

October 17, 2007.

Attorney(s) appearing for the Case

Seabaugh, Benson, Keene, Denny & Gerhardt, by: Joseph Ransdell Keene, Shreveport, for Appellant Robert Davis, Jr.

Richie, Richie & Oberle, by: Charles Vernon Richie, Shreveport, for Appellee Succession of Dona Mae Franklin.

Wiener, Weiss & Madison, by: John McGinty Frazier, Amanda E. Waddell, Shreveport, for Appellees American Society for Prevention of Cruelty to Animals and The Paralyzed Veterans of America.

Before GASKINS, CARAWAY and DREW, JJ.

DREW, J.

The sole issue is whether a check payable to Dona Mae Franklin and found in her home following her death is a corporeal movable bequeathed to her legatee, Robert Davis, Jr., or an incorporeal movable inherited by the charities which are decedent's residuary legatees. The trial court ruled that the check is an incorporeal movable and, therefore, not a part of the gifts bequeathed to Davis, who appealed. The judgment...

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