Succession of Roth

FOURNET, Chief Justice.

Plaintiff, Mark J. Falgoust, having been successful in upholding the validity of the will of the late Mrs. Katie Roth Franz,1 in his capacity as testamentary executor and individually, being the universal legatee under said will, filed a rule to tax cost2 against the defendants, opponents to the will, and a separate petition to recover as cost or, in the alternative, as damages various itemized expenses allegedly incurred as a result of defendants’ opposition to the probate of the will plus $100,000 damages for loss of the enjoyment and use of his inheritance during the…