Succession of Geronimo Ji Jaga

STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT

2020 CA 1026 c/ w 2020 CA 1027

SUCCESSION OF GERONIMO JI JAGA

CONSOLIDATED WITH

AMERICAN GENERAL LIFE INSURANCE COMPANY, SUCCESSOR TO
WESTERN NATIONAL LIFE INSURANCE COMPANY F/ K/A AIG ANNUITY
INSURANCE COMPANY, SUCCESSOR TO AMERICAN GENERAL
ANNUITY INSURANCE COMPANY

VERSUS

JOJUYOUNGHI CLEAVER, AS SURVIVING SPOUSE AND AS NATURAL
TUTRIX OF THE MINOR CHILD, K.J. J.; LAILA MINJA, AS NATURAL
TUTRIX OF THE MINOR CHILD, T.G. J.; SHONA PRATT
AND HIROJI PRATT

Judgment rendered: DEC 14 2021

On Appeal from the
Sixteenth Judicial District Court
In and for the Parish of St. Mary, State of Louisiana
No. 19232 c/ w 128836

The Honorable Keith R. J. Comeaux, Judge Presiding

Ronald E. Stutes Attorney for
Baton Rouge, Louisiana Plaintiffs/Defendants/ Appellants
Shona Pratt, Hiroji Pratt, and Nikki
Michaux

Emily E. Eagan Attorney for Defendant/Appellee
New Orleans, Louisiana American General Life Insurance

Company

M. Janice Villarrubia Attorney for
Baton Rouge, Louisiana Plaintiff/Defendant/Appellee
Jojuyounghi " Joju" Cleaver as

Administratrix and as Agent under

1
P,C
k-
e; l

Specific Power of Attorney for
Kayode Ji Jaga

Joseph A. Prokop, Jr. Attorney for Defendant/Appellee
Baton Rouge, Louisiana Jojuyounghi " Joju" Cleaver as

Surviving Spouse of the Decedent

Mark R. Callender Attorney for Defendant/Appellee
Baton Rouge, Louisiana Glory William " Laila" Minja as

Natural Tutrix of the Minor Child,
Tkumsah Geronimo Jaga

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

K

HOLDRIDGE, J.

The adult children of the decedent appeal from a judgment of possession

signed August 29, 2019 in their father' s succession. Finding error, we reverse,

vacate, and remand.

A full recitation of the pertinent facts and procedural history of this case are

set forth in the companion opinion to this appeal, Succession of Geronimo Ji Jaga

c/w American General Life Insurance Company v. Jojuyounghi Cleaver, as

surviving spouse and as natural tutrix of the minor child, Kayode Ji Jaga, et

al., 2020 CA 1028 c/ w 2020 CA 1029, also handed down this date. The

companion appeal arose from the July 26, 2019 final judgment in the consolidated

succession and concursus proceedings. In the July 2019 final judgment, the district

court ruled that an annuity should be included in the mass of the succession. That

ruling was the basis of the awards in the August 2019 judgment of possession

before us in this appeal. The appellants urged the same assignments of error in

both appeals and filed the same briefs.

For the reasons set forth in our opinion in Succession of Jaga c/ w

American General Life Insurance Co. v. Cleaver, 2020 CA 1028 c/ w 2020 CA

1029 finding the inclusion of the annuity in the succession mass to be error, we

reverse and vacate the August 29, 2019 judgment of possession from which the

decedent' s adult children, Shona Pratt, Hiroji Pratt, and Nikki Michaux, appeal.

This matter is remanded for further proceedings consistent with this opinion and

that of Succession of Jaga c/ w American General Life Insurance Co. v.

Cleaver, 2020 CA 1028 c/ w 2020 CA 1029.

Costs of this appeal are assessed to Jojuyounghi " Joju" Cleaver as

administratrix and as agent under specific power of attorney for Kayode Ji Jaga

and Glory William "Laila" Minja as natural tutrix of the minor child, Tkumsah

3

Geronimo Jaga.

REVERSED, VACATED, AND REMANDED.

El