Cleaver v. Western National Life Insurance Co.

McCLENDON; J.,

concurring in part and dissenting in part.'

Iff concur with the majority to the extent that it finds the plaintiffs’ claims to be premature and dismisses same without prejudice. However, to the extent that the majority finds that the plaintiffs' may have stated a cause of action for a future claim for reduction of the annuity and its proceeds, I disagree.

Louisiana Civil Code Article 1505(A) provides: *416The annuity in this case was not an inter vivos donation as it belonged to the decedent, was revocable during his lifetime,' and the proceeds were payable to the beneficiaries only…