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FOGG v. FOGG

No. 13-CA-712.

142 So.3d 150 (2014)

Woodrow K. FOGG v. Paul N. FOGG.

Court of Appeal of Louisiana, Fifth Circuit.

May 14, 2014.

Attorney(s) appearing for the Case

Robert E. Tarcza , James E. Thompson, III , Attorneys at Law, New Orleans, Louisiana, for Plaintiff/Appellant.

Ted M. Mitchell , Attorney at Law, Metairie, Louisiana, for Defendant/Appellee.

Panel composed of Judges MARC E. JOHNSON, ROBERT A. CHAISSON, and HANS J. LILJEBERG.

ROBERT A. CHAISSON, Judge.

Woodrow K. Fogg appeals the grant of a summary judgment in favor of his brother, Paul N. Fogg, declaring a trust instrument void due to procedural incapacity of one of the settlors. For the following reasons, we set aside that judgment and remand the matter to the district court for further proceedings.

FACTS AND PROCEDURAL HISTORY

The parties here are the children of Woodrow...

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