Succession of Chatelain

hPLOTKIN, J.,

dissenting with written reasons.

Because I believe that the trial court abused his discretion in denying the petition filed by Farrell J. Chatelain to reopen his mother’s succession, I respectfully dissent from the majority decision affirming that judgment. For the reasons discussed below, I would reverse and grant Farrell’s Petition to Reopen.

Farrell mother, Cecile Ducote Chatelain died on May 6, 1997, leaving a Last Will and Testament dated March 14, 1988. That will bequeathed Ms. Chatelain’s entire estate to her two sons, Farrell and Nelson, “to share and share alike,” subject…