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IN Re Stamm

Case Conclusion Date: 07.14.2010

Practice Area: Wills and living wills

Outcome: see above

Description: DRAFTED APPEAL: 43 So.3d 326 Widow filed petition seeking to probate testator's will as executor of estate. Testator's daughters filed motion to suspend independent administration and challenged will and donations, alleging that testator lacked testamentary and donative capacity. The Civil District Court, Orleans Parish, Nos. 2006–1501 and 2006–12133, voided donations and will. Widow appealed, and daughters cross-appealed. Holdings: The Court of Appeal held that: 1) testator lacked mental capacity to execute second New Orleans will and certain donations, and 2) testator did not lack testamentary capacity when he executed first New Orleans will.

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