Opinion
NO. 2017 CW 0554
08-09-2017
IN RE: THE SUCCESSION OF ANGELINE DEAN LOWE
In Re: Morgan Leigh Lowe and Matthew J. Lowe, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2011-30446. BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
WRIT GRANTED. The ruling of the trial court sustaining the exception of no right of action is reversed. Relators pled for alternative relief under La. C.C.P. art. 3396.17. This article provides that "any person interested in the estate" may demand an annual accounting from the administrator and, further, that the court on application "of any interested person" may require accountings at more frequent intervals. The relators are principal beneficiaries of the testamentary trusts created for their shares of the estate. As acknowledged by the respondent, the trusts have not been funded. Applying the principle of liberal construction of procedural rules pursuant to La. C.C.P. art. 5051 and finding that relators' rights as trust beneficiaries are being affected, this court finds that relators are "interested persons" with standing to seek an accounting from the independent administrator pursuant to La. C.C.P. art. 3396.17. See Succession of LeRuth, 561 So.2d 183 (La. App. 5th Cir. 1990). This matter is remanded to the trial court for further action consistent with this ruling.
AHP
TMH
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT