Cited by

Opinions in Louisiana that cite Succession of Talbot, 530 So. 2d 1132.

19 citing documents.

Succession of Steve Anthony Pilet . La. Ct. App. 4th Cir. 2025
Furthermore, the onus is not on the Appellants to prove that Decedent’s will was destroyed by a catastrophic storm, but to establish that the “testator did not intend to and/or did not revoke the will by destroying it.” (La.
Succession of Charles Ray Middlebrooks, Jr. La. Ct. App. 3d Cir. 2024
The Trial Court committed legal error when it improperly interpreted and/or applied [] and other case law regarding the standard of rebutting the legal presumption that the will was revoked by the testator when the original cannot be found.
In Re: The Succession Of Diana Bartlett Morgan La. 2023
The “failure to find a will which was duly executed and in the possession of, or readily accessible to, the testator, gives rise to a legal presumption of revocation by destruction.” -35 (La.
Succession of Carle Laine Carpenter La. Ct. App. 5th Cir. 2023
“When a will cannot be found at the testator’s death, there arises a presumption that the testator has destroyed the will with the intent of revoking it.” -35 (La.
Succession of Frank Anthony Messina, Sr. La. Ct. App. 5th Cir. 2022
Succession of Elizabeth Smith Foster . La. Ct. App. 4th Cir. 2019
In re the Succession of Catha 221 So. 3d 125 La. Ct. App. 1st Cir. 2017
Succession of Cook 189 So. 3d 409 La. Ct. App. 2d Cir. 2015
See also, State v. Sosa, 05-0213 (La.1/19/06), ; and Justice Lemmon’s concurrenee in
Succession of Cannon 166 So. 3d 1097 La. Ct. App. 1st Cir. 2015
Civ.Code art. 1607; -35 (La.1988).
In the Matter of Succession of Alfred 24 So. 3d 1035 La. Ct. App. 1st Cir. 2009
Succession of Dalier 19 So. 3d 8 La. Ct. App. 1st Cir. 2009
1 Cir. 11/7/03), ; -35 (La.1988).
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.
In Re Succession of Deshotel 10 So. 3d 873 La. Ct. App. 1st Cir. 2009
The appellants contend that this presumption arises under and Succession of Nunley, 224 La.
In Re Succession of Doucet 975 So. 2d 738 La. Ct. App. 2d Cir. 2008
In Re Succession of Hatchell 868 So. 2d 36 La. Ct. App. 1st Cir. 2003
-1135 (La.1988) The presumption may be rebutted by "clear proof" (1) that the testator made a valid will; (2) of the contents or substantiality of the will; and (3) that the will was not revoked by the testator.
In Re Succession of Claiborne 769 So. 2d 1267 La. Ct. App. 1st Cir. 2000
Mr. Gibert and Mr. Evans appeal that judgment, contending the trial court erred in finding Mr. Claiborne adequately rebutted at trial the presumption set forth in (La.
In Re Succession of LeGardeur 747 So. 2d 204 La. Ct. App. 5th Cir. 1999
The jurisprudence has been uniform that destruction of a testament by the testator, although not a means of tacit revocation specified in the Civil Code, is nonetheless the most effective means of such a revocation, and cases cited therein.
Succession of Altazan 682 So. 2d 1320 La. Ct. App. 1st Cir. 1996
Succession of Justice 679 So. 2d 597 La. Ct. App. 2d Cir. 1996