Cited by
Opinions in Louisiana that cite In Re Succession of Nunley, 69 So. 2d 33.
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Succession of Charles Ray Middlebrooks, Jr.
La. Ct. App. 3d Cir. 2024
In -57, (1954) (emphasis added)(citations omitted), the supreme court stated: The fact that an olographic will, shown to have been in the possession of or accessible to the deceased, cannot be found at his death, gives rise to a legal presumption of revocation by destructio
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In Re: The Succession Of Diana Bartlett Morgan
La. 2023
1988) ( So.2d 33 (1954)).
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Succession of Frank Anthony Messina, Sr.
La. Ct. App. 5th Cir. 2022
App. 2 Cir. 8/23/96), citing Succession of Talbot, supra; (La.
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Succession of Elizabeth Smith Foster .
La. Ct. App. 4th Cir. 2019
App. 1 Cir. 11/3/00), (in turn So.2d 33, 35 (1953))).
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Succession of Dalier
19 So. 3d 8
La. Ct. App. 1st Cir. 2009
1 Cir. 11/3/00), , , (1953).
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Succession of Jeffrey Joseph Deshotel
La. Ct. App. 3d Cir. 2009
The appellants contend that this presumption arises under and when the proponent of a will cannot produce the original of that will.
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In Re Succession of Deshotel
10 So. 3d 873
La. Ct. App. 1st Cir. 2009
The appellants contend that this presumption arises under and , (1953), when the proponent of a will cannot produce the original of that will.
- In Re Succession of Garlington 939 So. 2d 633 La. Ct. App. 3d Cir. 2006
- Succession of Betty Deville Sharp Garlington La. Ct. App. 3d Cir. 2006
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In Re Succession of Hatchell
868 So. 2d 36
La. Ct. App. 1st Cir. 2003
1 Cir. 11/3/00), , writs denied, XXXX-XXXX (La.2/16/01), and XXXX-XXXX (La.2/16/01), ( , (1953)).
- In Re Succession of Claiborne 769 So. 2d 1267 La. Ct. App. 1st Cir. 2000
- Succession of Justice 679 So. 2d 597 La. Ct. App. 2d Cir. 1996
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Hamilton v. Kelley
641 So. 2d 981
La. Ct. App. 2d Cir. 1994
DISCUSSION In , (1953), a lost will was allowed to be probated.
- Succession of Talbot 530 So. 2d 1132 La. 1988
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Succession of Holloway
531 So. 2d 431
La. 1988
(1954); Succession of O'Brien, 168 La.
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Succession of Bagwell
415 So. 2d 238
La. Ct. App. 2d Cir. 1982
(1953); Succession of O'Brien, 168 La.
- Succession of Brumfield 401 So. 2d 1055 La. Ct. App. 1st Cir. 1981
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Succession of Davis
347 So. 2d 906
La. Ct. App. 3d Cir. 1977
Boyd involved proving the date of an olographic will by extrinsic evidence but the court in its opinion talked of , (1954), in which the entire contents of the will were proven by extrinsic evidence when the original was lost.
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Rivette v. Moreau
341 So. 2d 459
La. Ct. App. 3d Cir. 1976
(1954) was relied upon by the trial court to place the burden of proof on the proponents of Mrs. Moreau's statutory will to prove absence of revocation.
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Succession of Boyd
306 So. 2d 687
La. 1975
In the , (1954), extraneous evidence was permitted to prove the entire contents of a will the original of which had disappeared.
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Succession of Boyd
295 So. 2d 487
La. Ct. App. 1st Cir. 1974
874 (1929) and , (1953).
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Airey v. Sampson
263 So. 2d 330
La. 1972
184 , ; , ; Succession of O’Brien, 168 La.
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Succession of Holms
170 So. 2d 178
La. Ct. App. 4th Cir. 1964
The Supreme Court in , , held that the fact that an olographic will, shown to have been in the possession of or accessible to the deceased, cannot be found at his death, gives rise to a legal presumption of revocation by destruction, but that this presumption is a rebuttable one.
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Succession of Gaudin
140 So. 2d 384
La. Ct. App. 1st Cir. 1962
In a similar case in , (1953), the court admitted to probate the attorney’s typewritten copy of an olographic will which was lost by the testatrix prior to her demise.
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Jones v. Mason
99 So. 2d 46
La. 1958
The trial judge so held, relying on a principle of law announced by this court in , .