Estate of Roderick Anderson Rick, Sr. .
Louisiana Court of Appeal
1Concurring in part, dissenting in part
ESTATE OF RODERICK * 2023-CA-0391 ANDERSON RICK, SR. * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* TFL LOVE, C. J., DISSENTS WITH REASONS I respectfully dissent. The majority properly notes that in accordance with La. C.C. art. 1611(A), the principal rule courts must follow in determining the interpretation of a testament is that the intent of the testator controls its interpretation. “The function of the court is to determine and carry out the intention of the testator if it can be ascertained from the language of the will.” Carter v. Succession of Carter,
332 So.2d 439,…
2Cases cited5 opinions
- Carter v. Succession of CarterSupreme Court of Louisiana · 1976
- Kingsbury v. WhitakerSupreme Court of Louisiana · 1880
- McCarty v. TrichelSupreme Court of Louisiana · 1950
- Succession of MartinLouisiana Court of Appeal · 1972
- Succession of CaillouetLouisiana Court of Appeal · 2006