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IN RE SUCCESSION OF HILLBURN

No. 2010 CA 1698.

SUCCESSION OF NELL BOLEN HILLBURN

Court of Appeals of Louisiana, First Circuit.

June 10, 2011.

Attorney(s) appearing for the Case

David S. Pittman , Harry P. Pastuszek, Jr. , Faith E. Richard , Covington, Louisiana, Counsel for Defendant-in-Exception/Appellant Cecil E. Hillburn.

W. Matthew Campbell , Dadeville, Alabama , Counsel for Exceptors/Appellees, Vicki Lynn Hillburn Campbell and George Allen Hillburn, III.

BEFORE: CARTER, C.J., GAIDRY AND WELCH, JJ.

GAIDRY, J.

The universal successor or sole legatee under a purported testament appeals a judgment sustaining a peremptory exception of prescription, finding that his right to file and execute that testament was prescribed. We affirm.

FACTS AND PROCEDURAL HISTORY

The decedent, Nell Bolen Hillburn, died on December 8, 1996, while domiciled in St. Tammany Parish. The decedent had executed a testament in 1987, leaving half of her property to her surviving...

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