Cited by
Opinions in Louisiana that cite Succession of Lambert, 28 So. 2d 1.
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Succession of Marian Ethel Plant Petry
La. Ct. App. 5th Cir. 2024
1992), So.2d 1, 8 (1946).
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Succession of John Patrick Theriot, Jr.
La. Ct. App. 3d Cir. 2017
“It is a cardinal rule of testamentary construction that each and every part of the will shall be given effect; no word, phrase or clause shall be declared surplusage if it can be afforded a reasonable and legal interpretation.” (1946).
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Succession of Theriot
221 So. 3d 862
La. Ct. App. 1st Cir. 2017
“It is a cardinal rule of testamentary construction that each and every part of the will shall be given effect; no word, phrase or clause shall be declared surplusage if it can be afforded a reasonable and legal interpreta *870 tion.” , (1946).
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In re the Successions of Lain
189 So. 3d 1125
La. Ct. App. 2d Cir. 2016
(1946); see also Succession of McCarron, 247 La.
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In re the Successions of Lain
147 So. 3d 1204
La. Ct. App. 2d Cir. 2014
686 , (1946); see also Succession of McCarron, 247 La.
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Succession of DiLeo
90 So. 3d 488
La. Ct. App. 1st Cir. 2012
In Succession of Lambert the Supreme Court addressed whether persons “who have taken title to succession property” relying on jurisprudential interpretations which were being overruled and answered that “[t]hey are protected under the law in effect at the time of the vesting of their interests.” , (1946).
- Marionneaux v. Hines 902 So. 2d 373 La. 2005
- State, Department of Transportation & Development v. Berry 609 So. 2d 1100 La. Ct. App. 1st Cir. 1992
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Succession of Russell
590 So. 2d 606
La. Ct. App. 3d Cir. 1991
As Justice Hamiter stated in , (1946): "It is a cardinal rule of testamentary construction that each and every part of the will shall be given effect; no word, phrase or clause shall be declared surplusage if it can be afforded a reasonable and legal interpretation.
- Succession of Baldwin 485 So. 2d 97 La. Ct. App. 2d Cir. 1986
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Ayo v. Control Insulation Corp.
477 So. 2d 1258
La. Ct. App. 4th Cir. 1985
665 , (1972); , (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Powell v. Ferguson
429 So. 2d 488
La. Ct. App. 3d Cir. 1983
665 , (1972); , (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Hopson v. Ratliff
426 So. 2d 1377
La. Ct. App. 3d Cir. 1983
(1946), dealing with language `share and share alike' overruled Wilcox and Maus, saying that the phrase `share and share alike' is distributive, not conjoint, pretty much as a matter of law.
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Dominguez v. Travelers & Allstate Insurance
415 So. 2d 434
La. Ct. App. 1st Cir. 1982
665 , (1972); , (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Mason v. Mason
399 So. 2d 1272
La. Ct. App. 4th Cir. 1981
665 , (1972); , 28 * (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Tilley v. Government Employees Ins. Co.
396 So. 2d 525
La. Ct. App. 3d Cir. 1981
665 , (1972); , (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Johnson v. Fournet
387 So. 2d 1336
La. Ct. App. 1st Cir. 1980
665 , (1972); , (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Stipe v. Joseph A. Neyrey General Contractors, Inc.
385 So. 2d 568
La. Ct. App. 1st Cir. 1980
665 , (1972); , (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Lott v. Haley
370 So. 2d 521
La. 1979
665 , (1972); , (1946); Shreveport Long Leaf Lumber Co. v. Wilson, 195 La.
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Corpus Christi Parish Credit Union v. Martin
358 So. 2d 295
La. 1978
105 , (1971); , (1946); Comment, Retrospective Effect of an Overruling Decision, 7 La.L.Rev.
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Succession of Higgins
275 So. 2d 447
La. Ct. App. 4th Cir. 1973
419 , (1965), and , (1946).
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Succession of McCarron
172 So. 2d 63
La. 1965
They cite and rely on Articles 1706, 1707 and 1709 of the Revised Civil Code, and the cases of , , Succession of Rougon, 223 La.
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Succession of McCarron
172 So. 2d 63
La. 1965
They cite and rely on Articles 1706, 1707 and 1709 of the Revised Civil Code, and the cases of , , Succession of Rougon, *424 223 La.
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Succession of Mulqueeny
172 So. 2d 326
La. Ct. App. 1st Cir. 1965
Our jurisprudence includes in its expressions on the subject that no word or clause should be declared surplusage if it can be given effect, , (1946); every part of the will should be given effect, consistent with the general purpose as gathered from the entire testament, Gueydan v. Montagne, 199 La.
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Giroir v. Dumesnil
172 So. 2d 89
La. Ct. App. 1st Cir. 1965
61 ; , ; Succession of Kamlade, 232 La.
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Succession of McCarron
166 So. 2d 47
La. Ct. App. 1st Cir. 1964
Succession of Rougon, 223 La.
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Succession of Williams
124 So. 2d 924
La. Ct. App. 1st Cir. 1960
ed the Louisiana jurisprudence on the subject and said: “ * * * Where the whole thing bequeathed is given to two persons, if one of them fails to receive the benefit of the disposition, either because he dies before the testator, or is incapable to take it, or refuses to take it, or because as to him it is revoked, the whole goes to the other legatee by accretion ; * * * In , , the Supreme Court stated that Albert Lambert, one of the legatees, had “predeceased the testator.” In Succession of Dup
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In Re Succession of Milne
89 So. 2d 281
La. 1956
revoked, because of the averred violation of the condition imposed by the testator; that The Female Orphan Society (formerly The Poydras Female Asylum) is a universal residuary legatee under a conjoint legacy, and as such is entitled to all or at least one-fourth of the funds now available for distribution; that the legacy is different from those considered in the cases of , , and Succession of Rougon, 223 La.
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Gregory v. Hardwick
49 So. 2d 423
La. 1950
Defense counsel, in support of their conclusion that plaintiffs are legatees under a universal title and are without seizin, cite only , ; but that decision is not authority for the position taken.