King v. Succession of Lowderback

MARVIN, Chief Judge.

In this declaratory judgment action to interpret a mother’s will to her children, the trial court ruled the testatrix intended the bequest of her home to one of her four children as an extra portion. The other three children appeal, contending that the intent to bequeath as an extra portion was not expressed unequivocally so as to overcome the Civil Code principle that a testatrix is presumed to intend to treat her children equally. CC Arts. 1227-1233, 1501.

We affirm.

FACTS

Bessie Boyd Lowderback died on March 10, 1988, survived by four children, Cecile King, Charlsie…