Kilpatrick v. Pickett

DENNIS, Judge.

The appellant in this case, Travis H. Kilpatrick, is seeking a declaratory judgment against his grandchildren decreeing that they cannot represent their deceased *674father in the succession of their grandmother, Edith Lusk Kilpatrick. The court below sustained defendants’ exception of no cause of action. The case hinges ultimately on the question of whether, in a civil suit, a person may be “convicted of having killed . . . the deceased” as provided by Civil Code Article 966, in order to have him declared an unworthy heir.

The facts alleged in the petition are: Edith Lusk Kilpatrick…