Opinion
2021-C-01171
11-23-2021
SUCCESSION OF CLADIE J. WADE
IN RE: Carl 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;
Writ application granted. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
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 article 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.