Legal Opinion

In Re Succession of Carroll

Louisiana Court of Appeal

Decided December 8, 2009No. 09-CA-219PublishedCited by 3 opinions

1Opinion of the Court

MARION F. EDWARDS, Judge.

laThis issue presented to us in this succession proceeding is whether a handwritten document signed and dated by the decedent is a valid olographic codicil to the decedent’s will. This matter has been before this Court in a prior appeal 1 (Carroll I). In Can-oil I, this Court examined a different writing by the decedent and agreed with the trial court that the document did not constitute a valid olographic testament. We find now, as we did in Carroll I, that the document at issue herein is not a valid olographic testament.

FACTS

Kenneth Eugene Carroll (“Mr. Carroll” or…

2Cases cited8 opinions

  1. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  2. Canovsky v. GehrsenLouisiana Court of Appeal · 1927
  3. Borden-Aicklen Auto Supply Co. v. Folse Service StationLouisiana Court of Appeal · 1927
  4. Hendry v. Succession of HelmsLouisiana Court of Appeal · 1990
  5. In Re Succession of RhodesLouisiana Court of Appeal · 2005

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3Cited by3 opinions

  1. Succession of CannonLouisiana Court of Appeal · 2015
  2. In re Succession of BoadaLouisiana Court of Appeal · 2013
  3. Succession of Linda F. EnosLouisiana Court of Appeal · 2020

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