In re Succ. of Soileau

Full title: SUCCESSION OF Attward Joseph SOILEAU

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Dec 30, 2005

918 So. 2d 570 (La. Ct. App. 2005)

Opinion

No. 05-656.

December 30, 2005.

Appeal from the Ninth Judicial District Court Parish of Rapides, No. 34,654 c/w No. 34,544. Honorable B. Dexter Ryland, District Judge.

REVERSED AND REMANDED.

Robert S. Leake, Baton Rouge, Counsel for Appellant: Sandra Kay Soileau Leake.

Robert G. Nida, Alexandria, Counsel for Appellant: Sandra Kay Soileau Leake.

W. Alan Pesnell, Shreveport, Counsel for Appellee: Sadie Veillon.

Ralph W. Kennedy, Alexandria, Counsel for Appellee: Sadie Veillon.

Court composed of SYLVIA R. COOKS, MICHAEL G. SULLIVAN, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

For the reasons assigned in the companion and consolidated case of Succession of Attward Joseph Soileau, 05-655 (La.App. 3 Cir. 12/30/05), 918 So.2d 563, 2005 WL 3579307, we reverse the trial court's ruling on the cross-motions for summary judgment and we find that there are material questions of fact which exist as to testamentary intent. We remand this matter to the trial court for trial on the merits to determine the testamentary intent and legal interpretation of Soileau's will. Costs of this appeal are assessed equally against Appellant and Appellee.

REVERSED AND REMANDED.

COOKS, Judge, concurs.