Davis v. Prescott

KNOLL, J,

dissenting.

hi respectfully dissent from the majority’s recall of this writ grant, as I find defendant, Elmer E. Prescott, breached his duty of care as a fiduciary. As an independent executor for the estate of Edward Thomas Davis, Prescott failed to inform the legatees of his execution of a three-year mineral lease with AIX Energy on succession property in Claiborne Parish. Because of this failure, one of the legatees, Steven M. Davis, sold his 1/5 interest in the property for substantially less than it was worth.

Despite Article 3396.15’s significant relaxation of the |2procedural…