Legal Opinion

Succession of Aguilera

Louisiana Court of Appeal

Decided May 2, 2007No. CA 07-77PublishedCited by 1 opinion

1Opinion of the Court

EZELL, Judge.

_JjJames Seaman, the dative testamentary executor of the succession of Bernice Aguilera, appeals a trial court judgment dismissing the proceedings to probate a will of Ms. Aguilera. The trial court found that a judgment on a more recent will in Florida barred an action in Louisiana pursuant to the doctrine of res judicata.

FACTS

Since 1937, Bernice Aguilera resided in Natchitoches with her husband who died in the early 1960’s. In November 2003, Ms. Aguilera moved to Fort Myers, Florida with her sister, Patricia Mellor. Before moving to Florida, Ms. Aguilera had executed a will on…

2Cases cited9 opinions

  1. Durfee v. DukeSupreme Court of the United States · 1963
  2. Esenwein v. Commonwealth Ex Rel. EsenweinSupreme Court of the United States · 1945
  3. Riley v. New York Trust Co.Supreme Court of the United States · 1942
  4. Succession of HaganSupreme Court of Louisiana · 1922
  5. David v. DavidLouisiana Court of Appeal · 1977

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Gulf Coast Brake & Motor, Inc. v. Mhwirth, Inc.Louisiana Court of Appeal · 2025

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