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IN RE SUCCESSION OF FISHER

No. 2006 CA 2493.

970 So.2d 1048 (2007)

SUCCESSION OF Vera Ferguson FISHER.

Court of Appeal of Louisiana, First Circuit.

September 19, 2007.

Attorney(s) appearing for the Case

Mark R. Callender, Baton Rouge, Counsel for Plaintiffs/Appellants Guy Bruno, Jr., Charles H. Fisher, Christian Kijora as the Successor of Mary Ann Kijora, John Robert Fisher, J.W. Bruno, Margaurite Brueck, and Carl Glen Ferguson.

Linda S. Melancon, Prairieville, Counsel for Defendants/Appellees Plaine Toups, Priscilla Newman, Laverne Parnell, Juanita Barbay, Huey Simms, and Lee Gilchrist.

Dana K. Larpenter, Plaquemine, Counsel for Defendant Masonic Lodge of Plaquemine.

Paul Borron, III, Plaquemine, Counsel for Defendant First Methodist Church.

Before: GAIDRY, McDONALD, and McCLENDON, JJ.

McCLENDON, J.

Plaintiffs appeal a summary judgment rendered in favor of defendants dismissing their petition to annul a testator's will due to lack of testamentary capacity and undue influence. For the reasons that follow, we reverse the judgment and remand the matter to the trial court for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

The Fishers were an elderly married couple who had no children. Their closest living relatives primarily consisted...

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