Succession of Cahn

I respectfully dissent.

In the prior action, the claim for fees and expenses could not be asserted against the estate of Ms. Cahn as part of the interdiction proceedings since those proceedings were purely personal and were abated once the interdict died. The Interdiction of Stella W. Cahn, 523 So.2d 4 (La.App. 4th Cir.1988). However, as noted in my concurring opinion in The Interdiction of Stella W. Cahn, 523 So.2d at 5, the decision in In re Lambert, 115 La. 469, 39 So. 447 (1905), indicates that plaintiff may nevertheless assert his claim in some other form of proceeding. This is precisely…