Adams v. Willis

777 So. 2d 5, 0 La.App. 3 Cir. 00589, 2000 La. App. LEXIS 2713, 2000 WL 1693508
CourtLouisiana Court of Appeal
DecidedNovember 2, 2000
DocketNo. 00-589
StatusPublished
Cited by4 cases

This text of 777 So. 2d 5 (Adams v. Willis) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Willis, 777 So. 2d 5, 0 La.App. 3 Cir. 00589, 2000 La. App. LEXIS 2713, 2000 WL 1693508 (La. Ct. App. 2000).

Opinion

YELVERTON, J.

Susan Anne Hewitt Broussard died April 29,1997, from a self-inflicted gunshot wound. She was 45 years old. She left a will. A dispute arose between the two principal legatees over which one was the testamentary beneficiary of her financial assets. James Adams, testamentary executor of her estate, filed a declaratory action to get an interpretation of the will and resolve the dispute. Steven Willis on behalf of his minor child, Timothy Scott Willis (Scott), who was a particular legatee, and St. Elizabeth Seton Catholic Church (St. Elizabeth Seton), the residuary legatee, are the legatees who claimed ownership of the financial assets. Finding that the testament was ambiguous, the trial court heard testimony about Susan’s intent when she made the will. After a four-day trial, the court ruled that Susan intended for the assets to go to St. Elizabeth Seton.

The disputed financial assets are described in the declaratory judgment as:

1. Two (2) Prudential Discovery Plus Annuity policies nos. 98648960 and 98648961 further identified under account numbers TCS-029999-09 in the name of Susan Anne Hewitt with Prudential Securities Incorporated.
2. Stocks and bonds in various accounts in the name of Susan Anne Hewitt with Prudential Securities Incorporated, including account numbers TCS-029999-09, TCS-R07131, TCS-074811.
3. Stocks in Money Market Fund with Hibernia Investment Securities, Inc. in the name of Susan Anne Hewitt, account number 4R6-196213.
4.Remaining cash on hand or any cash due the estate.

The trial judge found that what he described as “the Prudential portfolio,” consisting of all Prudential investments including the annuities, together with the Hibernia Bank account, made up the bulk of the deceased’s financial assets. The trial judge said “I do not believe it was her intention to leave Timothy Scott Willis any stock, any pbonds, any annuities, any investments, or any liquid financial assets of any kind.” Willis appeals this ruling. Finding no error, we affirm.

THE TESTAMENT

The following is the body of the testament dated June 25,1996:

I, SUSAN ANNE HEWITT BROUS-SARD, presently married to but living separate and apart from Lewis Glynn Broussard, domiciled in the Parish of Lafayette, Louisiana, being of sound mind and body and realizing the uncertainty of life, do hereby make this Last Will and Testament, expressly revoking any and all other wills and codicils heretofore made by me.

FIRST: I desire that at my death all my just debts be paid. •

SECOND: I give and bequeath at my death to TIMOTHY SCOTT WILLIS the following-described property:

A house and approximately 1.273 acres of land located at 1212 Wilderness Trail North, Carenero, Louisiana (Section 98, Township 8 South, Range 5 East), said house and land hereinafter collectively referred to as “Carenero Property.”

THIRD: I give and bequeath at my death to TIMOTHY SCOTT WILLIS my personal property found in, on, under, and/or around the Carenero Property and in my safety deposit box(es). The following is a non-exclusive list of items that are included in said personal property: clothing, jewelry, pictures, furniture, linens, cooking and eating utensils, wall hangings, rugs, insurance policies, stocks, bonds, ne[8]*8gotiable instruments, china, crystal, silver, family heirlooms', and other memorabilia of a personal nature.

FOURTH: I give and bequeath at my death to the LAFAYETTE PARISH PUBLIC LIBRARY any and all of my musical instruments and sheet music of which I die possessed.

FIFTH: I give and bequeath at my death to JOHN MCLEMORE HEWITT and KATHERINE HEWITT, children of John Howard Hewitt, the following-described property: *

One-half Qk) interest in and to a two-acre parcel of ground, with improvements, located at 415 Bertrand Drive, Lafayette, Louisiana (S P Lot 8; all of Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, and 85; and S P of Lot 89, Hornsby Subdivision).

| ¡¡SIXTH: I give and bequeath at my death to HIBERNIA NATIONAL BANK, LAFAYETTE, LOUISIANA, as Trustee in Trust, the remainder of all of the property of which I die possessed for the use and benefit of ST. ELIZABETH SETON CATHOLIC CHURCH, LAFAYETTE, LOUISIANA, as provided below:

The monies left in Trust shall be invested and, commencing 13 months after the creation of the Trust, all of the earnings shall be payable to ST. ELIZABETH SETON CATHOLIC CHURCH, LAFAYETTE, LOUISIANA, as income beneficiary, to be used for the purpose of operating and maintaining ST. ELIZABETH SETON CATHOLIC CHURCH on a sound business-like basis.
ST. ELIZABETH SETON CATHOLIC CHURCH shall be the principal beneficiary of the Trust. The Trust shall have the maximum term permitted by law. The Trustee shall have the complete authority and full power to manage and control the Trust Estate and to sell, exchange, lease (for options, rent, mortgage, pledge, assign, transfer, or otherwise), grant options, rent, mortgage, pledge, assign, transfer, or otherwise dispose of all or any part of the Trust upon such terms and conditions as it may see fir [sic]; and it may invest and reinvest all or any part of the Trust upon such terms and conditions as it may see fit; and it may invest and reinvest all or any part of the Trust Estate in such stocks (common and preferred debentures shares or participation in any common fund), bonds, notes, securities, or other property (domestic or foreign), whether of the class or kind now or hereafter ordinarily approved or held to be lawful for the investment of trust funds or not, as it may, in its absolute discretion, select; and it may make and change such investments from time to time according to its discretion. The Trustee shall have further power to continue to hold any stocks, securities, or other property which it may receive hereunder; and the Trustee may invest any part of the Trust Funds in property located outside the State of Louisiana. The Trustee may register securities in its own name or in the name of nominees without disclosing the Trust.
The Trustee shall have full power to determine whether any money or other property coming into its hand, concerning which there may be any doubt, shall be considered as a part of the principal or income of the Trust Estate, and to apportion between such principal and income any loss or expenditure in connection with the Trust Estate as it may deem just and equitable.
The Trustee shall serve in said capacity without the necessity of furnishing bond.
The bequest made to the Trustee herein shall not be subject to the payment of any inheritance or estate tax, whether imposed by the federal government or the State of Louisiana or other political subdivision. Such inheritance and estate taxes shall be charged to and paid out of my gross estate.

[9]*9RLASTLY: I name and appoint JAMES J. ADAMS to be the sole testamentary executor of my estate with full seisin thereof and without the necessity of him having to furnish bond or any security while serving in such capacity.

The first issue on appeal is whether Susan’s intended disposition of the four disputed items of financial assets as between Scott and St.

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Cite This Page — Counsel Stack

Bluebook (online)
777 So. 2d 5, 0 La.App. 3 Cir. 00589, 2000 La. App. LEXIS 2713, 2000 WL 1693508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-willis-lactapp-2000.