Succession of Jones
Louisiana Court of Appeal
1Opinion of the Court
BOUTALL, Judge.
The daughter of the decedent sought a declaratory judgment to the effect that a provision in the Will “I wish my estate to be liquidated and reduced to cash * *” is precatory and is of no legal effect. The trial court found that the request was a mandate of the testator to be given full force and effect and the daughter appeals.
The law governing this issue is stated in the Succession of Barry, 250 La. 435, 196 So.2d 265 (La.1967) and we quote 196 So.2d 268:
“[1,2] A testator’s mere wishes and requests are viewed as precatory suggestions which are not binding in law. Succession…
2Cases cited16 opinions
- Succession of La BarreSupreme Court of Louisiana · 1934
- Succession of PriceSupreme Court of Louisiana · 1943
- Succession of AllenSupreme Court of Louisiana · 1896
- Succession of HallSupreme Court of Louisiana · 1917
- Girven v. MillerSupreme Court of Louisiana · 1951
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3Cited by1 opinion
- In re the Succession of BakerLouisiana Court of Appeal · 1982