In re the Succession of Hymel

DUFRESNE, Judge.

This is an appeal by Victoria Hymel from a judgment setting aside a clause in her late husband’s will which purported to disinherit Tanya Hymel Manslank, his daughter by a previous marriage. For the following reasons, we affirm the judgment of the trial court.

The testator, Edward Daniel Hymel died on December 31,1983. A clause in his will recited that he disinherited his daughter Tanya because she had never in her life visited or spoken to him. At trial the testimony showed that the decedent divorced Tanya’s mother in 1954, when she was five months pregnant with the child. He…