Cited by

Opinions in Louisiana that cite Succession of Lyons, 452 So. 2d 1161.

104 citing documents.

In Interest of CLS 649 So. 2d 532 La. Ct. App. 3d Cir. 1994
Johno v. Johno 633 So. 2d 966 La. Ct. App. 5th Cir. 1994
Succession of Dowling 633 So. 2d 846 La. Ct. App. 4th Cir. 1994
TESTAMENTARY CAPACITY: In our Supreme Court set the standard that there is a presumption in favor of testamentary capacity and that the party alleging lack of testamentary capacity must overcome that presumption by clear and convincing evidence.
Corley v. Munro 631 So. 2d 708 La. Ct. App. 3d Cir. 1994
State ex rel. Manuel v. Manuel 619 So. 2d 871 La. Ct. App. 1st Cir. 1993
Dawson v. Dawson 610 So. 2d 917 La. Ct. App. 1st Cir. 1992
Reeves v. Reeves 607 So. 2d 626 La. Ct. App. 2d Cir. 1992
Neuberger, Coerver & Goins v. Times Picayune Pub. 597 So. 2d 1179 La. Ct. App. 1st Cir. 1992
Succeesion of Dorand 596 So. 2d 411 La. Ct. App. 4th Cir. 1992
Succession of Russo 596 So. 2d 365 La. Ct. App. 4th Cir. 1992
State in Interest of KD 586 So. 2d 692 La. Ct. App. 2d Cir. 1991
Chatelain v. STATE, DOTD 586 So. 2d 1373 La. 1991
McCormick on Evidence § 340(B) (3d ed. 1984)
Johnson v. Johnson 582 So. 2d 926 La. Ct. App. 2d Cir. 1991
Guilbeau v. C & D Reprographics-Lafayette, Inc. 568 So. 2d 206 La. Ct. App. 3d Cir. 1990
Hines v. Williams 567 So. 2d 1139 La. Ct. App. 2d Cir. 1990
Cason v. Cason 564 So. 2d 808 La. Ct. App. 3d Cir. 1990
Thompson v. Thompson 559 So. 2d 4 La. Ct. App. 1st Cir. 1990
As stated by the Louisiana Supreme Court in : The traditional measure of persuasion in civil cases is a preponderance of the evidence, but there are a limited number of claims and contentions governed by an intermediate standard, usually termed "clear and convincing evidence."
Dance v. Dance 552 So. 2d 658 La. Ct. App. 2d Cir. 1989
Bernardi v. Bernardi 551 So. 2d 678 La. Ct. App. 5th Cir. 1989
Succession of Landry 545 So. 2d 1107 La. Ct. App. 1st Cir. 1989
Naquin v. Hile 536 So. 2d 676 La. Ct. App. 3d Cir. 1988
Succession of MacK 535 So. 2d 461 La. Ct. App. 4th Cir. 1988
ODECO Oil & Gas Co. v. Nunez 532 So. 2d 453 La. Ct. App. 1st Cir. 1988
Andrus v. Fontenot 532 So. 2d 306 La. Ct. App. 1st Cir. 1988
Giorlando v. Northern Assurance Co. of America 529 So. 2d 1340 La. Ct. App. 1st Cir. 1988
Zimmerman v. Collins 529 So. 2d 529 La. Ct. App. 1st Cir. 1988
See, Chatelain v. United States Fidelity & Guaranty Company, (La.App.
Succession of Cahn 522 So. 2d 1160 La. Ct. App. 4th Cir. 1988
Succession of Hamiter 519 So. 2d 341 La. Ct. App. 2d Cir. 1988
Succession of Norwood v. Norwood 519 So. 2d 338 La. Ct. App. 2d Cir. 1988
State v. Franklin 520 So. 2d 1047 La. Ct. App. 3d Cir. 1987
State v. Johnson, 151 La.
Succession of Sturgis 516 So. 2d 1293 La. Ct. App. 2d Cir. 1987
Succession of Sullivan 509 So. 2d 844 La. Ct. App. 1st Cir. 1987
Succession of Montegut 508 So. 2d 892 La. Ct. App. 1st Cir. 1987
In the Louisiana Supreme Court established the standard of proof regarding the lack of testamentary capacity.
Succession of Sauls 510 So. 2d 715 La. Ct. App. 1st Cir. 1987
Succession of Moody, 227 La.
Succession of Erbelding 509 So. 2d 568 La. Ct. App. 3d Cir. 1987
Succession of Launius 503 So. 2d 682 La. Ct. App. 1st Cir. 1987
The law applicable to a determination of testamentary capacity was set forth by the Supreme Court in as follows: ‘The capacity to make a will is tested at the time the will is made.
Funderburk v. Chevalier 502 So. 2d 199 La. Ct. App. 1st Cir. 1987
In Succession-of-Lyons, (1984) the [Louisiana] Supreme Court stated; ‘The capacity to make a will is tested at the time the will is made.
Succession of Bacot 502 So. 2d 1118 La. Ct. App. 4th Cir. 1987
There is a strong presumption in Louisiana law in favor of testamentary capacity, (La.
Harrigan v. Freeman 498 So. 2d 58 La. Ct. App. 1st Cir. 1986
Borne v. Brown 492 So. 2d 6 La. Ct. App. 1st Cir. 1986
Succession of Ellis 486 So. 2d 260 La. Ct. App. 3d Cir. 1986
The law applicable to a determination of testamentary capacity was set forth by the Supreme Court in as follows: "The capacity to make a will is tested at the time the will is made.
Gale v. Hession 486 So. 2d 260 La. Ct. App. 1st Cir. 1986
The law applicable to a determination of testamentary capacity was set forth by the Supreme Court in as follows: “The capacity to make a will is tested at the time the will is made.
Davis v. Lamont 481 So. 2d 643 La. Ct. App. 1st Cir. 1985
Sanders v. Sanders, 222 La.
Brossette v. Clofort 481 So. 2d 637 La. Ct. App. 1st Cir. 1985
of Lyons, stated: “If a party to a law suit has the witness available whom he fails to call without explanation, it is presumed that the testimony of the witness would be adverse.” at 1164, citing Succ.
Succession of Caprito v. Mayhew 478 So. 2d 243 La. Ct. App. 3d Cir. 1985
Brumfield v. Brumfield 477 So. 2d 1161 La. Ct. App. 1st Cir. 1985
In re L.M.S. 476 So. 2d 934 La. Ct. App. 2d Cir. 1985
Matter of LMS 476 So. 2d 934 La. Ct. App. 2d Cir. 1985
Succession of Bartie 472 So. 2d 578 La. 1985
Sanders v. Sanders, 222 La.
Succession of Riggio 468 So. 2d 1279 La. Ct. App. 1st Cir. 1985
*1288 The law applicable to determining testamentary capacity is set forth in -1166 (La.1984), as follows: The capacity to make a will is tested at the time the will is made.