Succession of McCrocklin

In my dissent from the majority opinion on original hearing, I set forth the condition of the pleadings and stated that the burden was upon Jack S. McCrocklin and Margaret Virginia “Ginger” Johnson to show the authority for Jack S. McCrocklin’s agency. In Footnote 1, I cited Pitre v. Peltier, La.App., 122 So.2d 867, and Spies v. Caruso, 1 La.App. 544, and authorities cited therein.

I am still of the belief that the only evidence of Mrs. Delia S. McCrocklin’s intention or attempt to make the donation which was offered was the hearsay testimony of Jack S. McCrocklin, which is not corroborated.…