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IN RE SUCCESSION OF WILKERSON

Nos. 44,212-CA, 44,213-CA.

9 So.3d 1058 (2009)

SUCCESSION OF James Clyde WILKERSON, Plaintiff-Appellant Edith Clyde Wilkerson Wong; James Clifton Wilkerson, II, Plaintiffs-Appellants v. Dr. Ed Eiland, Executor, Legatee and Trustee of Jim Wilkerson Trust; Virginia Ann Reeves, Executrix and Legatee; James E. Paxton, Trustee of Jim Wilkerson Trust; Raye Marie Toups Wilkerson, Legatee; Ginger Ellen Lynn, Legatee; Melanie W. Stephens Rogers, Legatee; Sons of Michael and Virginia Ann Reeves, Legatees, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 8, 2009.

Attorney(s) appearing for the Case

James Clifton Wilkerson, II, for James Clifton Wilkerson, II, Edith Margaret Wilkerson Wong, First Appellants.

Jess Joseph Waguespack, Napoleonville, for Ryan Marie Toups Wilkerson, Second Appellant.

Carlyle V. Paxton, James Edward Paxton, Tallulah, for Dr. Ed Eiland, Executor, Legatee & Trustee of Jim Wilkerson Trust; Virginia Ann Reeves, Executrix & Legatee; James E. Paxton, Trustee of Jim Wilkerson Trust; Ginger Ellen Lynn, Legatee; Melanie W. Stephens Rogers, Legatee; Julie Edith Wilkerson Berry, Legatee; Brian Kifer, Legatee; Sons of Michael & Virginia Ann Reeves, Legatees, Third Appellants.

Before PEATROSS, MOORE and LOLLEY, JJ.

LOLLEY, J.

This appeal arises from a trial court judgment declaring invalid the trust provision of the final will and testament of James Clyde Wilkerson. In addition, the trial court found that a provision for a general legacy was not revoked by later provisions for particular legacies. For the following reasons, we affirm.

Facts

James Clyde Wilkerson ("the Testator") executed his final will and testament on March 12, 2007. He died on July 19, 2007...

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