Succession of Toncrey

ON REMAND FROM THE SUPREME COURT OF LOUISIANA

_LKLEES, Chief Judge,

We have this matter on remand from the Louisiana Supreme Court. Our decision of August 18, 1999, affirming the trial court’s judgment (In re Succession of Toncrey, 99-0249 (La.App. 4th Cir. 8/18/99) 744 So.2d 136) was remanded to us “for *731reconsideration in light of Succession of Boyter”, 99-0761 (La.1/7/0), 756 So.2d 1122.

Plaintiffs, Elizabeth Toncrey Burnham (Elizabeth), and Earline Toncrey Winslow (Earline), were born to Earl Albert Ton-crey during his first marriage to Ruth Snell. Both children survived Mr. Ton-crey.

Mr.…