Legal Opinion
Talley v. Succession of Stuckey
Louisiana Court of Appeal
Decided July 8, 1992No. 91-216PublishedCited by 1 opinion
1Opinion of the Court
CULPEPPER, Judge.
This is an action to annul a testament on the grounds of the subsequent birth of an illegitimate child to the testator. At issue is the constitutionality of LSA-C.C. art. 1705 which provides that a testament is revoked by the subsequent birth of a legitimate child to the testator but by the birth of an illegitimate child only under certain conditions. The trial court held the article constitutional. Plaintiff appeals.
FACTS
Mr. James Merkel Stuckey, the testator, was married but once and then to Katherine Means Stuckey. They had no children and were divorced. However, he left a…
2Cases cited15 opinions
- Trimble v. GordonSupreme Court of the United States · 1977
- Mathews v. LucasSupreme Court of the United States · 1976
- Lalli v. LalliSupreme Court of the United States · 1978
- Mills v. HabluetzelSupreme Court of the United States · 1982
- Labine v. VincentSupreme Court of the United States · 1971
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3Cited by1 opinion
- Talley v. Succession of StuckeySupreme Court of Louisiana · 1993