Succession Of Cladie J. Wade

Supreme Court of Louisiana
November 23, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SUCCESSION OF CLADIE J. WADE
No. 2021-C-01171
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IN RE: C
arl Wade - Applicant Other; Applying For Writ Of Certiorari, Parish of
Rapides, 9th Judicial District Court Number(s) 40223, Court of Appeal, Third
Circuit, Number(s) 20-589;
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November 23, 2021
Writ application granted. See per curiam.
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JLW
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11/23/2021 "See News Release 046 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-C-01171
SUCCESSION OF CLADIE J. WADE
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Rapides
PER CURIAM
Writ granted. The condition attached to the daughter’s legacy in the testator’s
original will is a “testamentary provision” subject to revocation under Louisiana
Civil Code a rticle 1608(2). Although the subsequent codicil does not mention the
condition, it does address the ownership and use of the immovable property targeted
by the condition. These codicil provisions are vague and ambiguous insofar as they
bear on the testator’s intent as to the condition. The interpretation of the codicil
involves factual questions that are not appropriate for resolution by summary
judgment. See La. Code Civ. Pro. art. 966 ; see also La. Civ. Code art. 1611A;
Succession of Stewart, 301 So. 2d 872, 877 (La. 1974); In re Succession of Bernat,
11-368 (La. App. 3 Cir. 11/2/11), 76 So. 3d 1287, 1291, writ denied, 12-0263 (La.
3/30/12), 85 So. 3d 122. The judgments of the trial court and court of appeal are
vacated, and the matter is remanded for further proceedings.
JUDGMENTS VACATED; CASE REMANDED.
11/23/2021