Legal Opinion · Concurrence

Succession of Walters

Supreme Court of Louisiana

Decided March 1, 1972No. 51242Published

1ConcurrenceBarham, Justice

We had simply to determine in this case whether the entire will was invalid because *72one bequest had been declared a prohibited substitution in a judgment approved by this court in earlier litigation and now the law of the case. Succession of Walters, La. App., 202 So.2d 410 (4th Cir. 1967), writs refused 251 La. 395, 204 So.2d 575.

The majority has held that only the bequest found to contain a substitution is invalid, and that the remainder of the will is to be given full effect. The result is correct. However, I am compelled to point out certain errors in the opinion.

First, the majority cites…

2Cases cited7 opinions

  1. Succession of ReillySupreme Court of Louisiana · 1914
  2. Succession of SimmsSupreme Court of Louisiana · 1966
  3. Succession of GuillorySupreme Court of Louisiana · 1957
  4. In Re Succession of MeadorsLouisiana Court of Appeal · 1961
  5. Crichton v. Succession of GredlerSupreme Court of Louisiana · 1970

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