In re the Succession of Talbot

516 So. 2d 431, 1987 La. App. LEXIS 10681, 1987 WL 1479
CourtLouisiana Court of Appeal
DecidedNovember 10, 1987
DocketNo. CA 86 0934
StatusPublished
Cited by4 cases

This text of 516 So. 2d 431 (In re the Succession of Talbot) 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
In re the Succession of Talbot, 516 So. 2d 431, 1987 La. App. LEXIS 10681, 1987 WL 1479 (La. Ct. App. 1987).

Opinion

CHIASSON, Judge.

This is an appeal from a judgment holding that decedent, Robert Mirkil Talbot, had revoked his will dated November 5, 1981, prior to his death.

At the time that Talbot executed his last will and testament, on November 5, 1981, he was married to his first wife, Miriam G. Talbot. Dorsey C. Martin, III, a Baton Rouge attorney, prepared this will in duplicate originals, both of which were executed by Talbot, the witnesses and the notary. One duplicate original was given to Talbot and the other original was left with Martin. Under that will, Talbot left all of his property to his then wife, Miriam, and in the event that she should predecease him, he left all of his property to his friend J. Barker Killgore. Miriam G. Talbot died in April, 1983.

On November 3,1984, Talbot married his second wife, Lois M. Talbot. At the time of this marriage, Talbot owned a condominium on Wooddale Boulevard and Mrs. Talbot owned a townhouse on Shadowbrook Drive. Both of these residences were completely paid for. Talbot and his second wife lived in her townhouse until June 26, 1985, when they purchased a home on East Sheraton Drive. In order to be able to pay the mortgage on the East Sheraton residence, the Talbots decided to sell the condominium owned by Mr. Talbot and the townhouse owned by Mrs. Talbot. Because both of the Talbots had only modest incomes and the mortgage payment on the East Sheraton home was more than either of them could afford by themselves, they decided that they needed to make financial arrangements to provide for each other in case something should happen to either of them before they could sell their former residences and pay the mortgage on the East Sheraton residence.

After consulting an inheritance chart that Mrs. Talbot had obtained from a course at LSU, the Talbots determined that because Talbot had no children, sisters or brothers and both his parents were dead, that Lois Talbot would inherit his property if he died intestate. They determined that it was necessary for Mrs. Talbot to execute a will in order to provide for Talbot because she had children from a previous marriage.

Mr. Talbot contacted Dorsey Martin, an attorney, in the latter part of June, 1985, and made a will consultation appointment for July 1, 1985.

Both Mr. and Mrs. Talbot met with Martin on July 1, 1985, to discuss wills.

At the July 1st meeting, Talbot unequivocally stated to Martin that he wanted his present wife to inherit all of his property. Likewise, Mrs. Talbot, who had children from a previous marriage, advised Martin that she wanted to provide for her husband. Talbot then asked Martin if he needed a will because it was his understanding that Mrs. Talbot would inherit all of his property under Louisiana law if he had no will. Martin assured Talbot that under Louisiana law the present Mrs. Talbot would inherit his estate if he died intestate. Talbot was also advised by Martin that it would cost $75.00 to prepare a will. Talbot elected not to have a will prepared because, he stated, the law would accomplish what he wanted without a will and he could save $75.00.

Martin prepared a will for Mrs. Talbot which left Talbot (1) $20,000.00 cash, and [433]*433(2) the usufruct over her interest in the recently purchased community home located at East Sheraton Drive. In addition, the will provided that her townhouse located at Shadowbrook Drive was to be sold as soon as practical after her death and that the total net proceeds from that sale were to be applied to the payment of the community debt on the home located at East Sheraton. She also designated Talbot to serve as her executor.

Some time after July 1,1985, and prior to the next appointment with the Talbots, Martin directed his secretary to pull the will which Talbot had executed on November 5, 1981. When Martin reviewed the will, he learned that although Miriam Talbot (now deceased) was the primary beneficiary, the will had a contingent beneficiary, namely J. Barker Killgore. Martin had not remembered that there was a contingent beneficiary in Talbot’s will when he had met with the Talbots on July 1, 1985.

On Friday, July 12,1985, at approximately 10:00 or 10:30 a.m., the Talbots met with Martin in order for Mrs. Talbot to execute the will which Martin had prepared as a result of the July 1, 1985 meeting. While Mrs. Talbot was talking with Martin’s secretary, Martin confidentially discussed the November 5, 1981 will with Talbot in such a manner that Mrs. Talbot would not be able to hear the conversation. Martin showed Talbot one of the duplicate originals of the November 5, 1981 will, calling to his attention that the will provided for a contingent beneficiary, i.e., J. Barker Kill-gore. Talbot expressed appreciation to Martin for calling this matter to his attention and acted surprised, like he had forgotten about the will. Talbot (outside of the hearing of Mrs. Talbot) reaffirmed to Martin that he wanted his entire estate to go to his present wife, and then he took the will from Martin and tore it up. Martin reminded Talbot about the other duplicate original will, and Talbot indicated that he would take care of it. Martin did not discuss with Talbot what the consequences would be of not destroying the remaining duplicate original will. This entire conversation between Martin and Talbot was conducted so that Mrs. Talbot would not overhear the discussion.

On July 12, 1985, Mrs. Talbot executed the will which Martin had prepared for her, which will made substantial provisions for the financial security of Mr. Talbot. The Talbots then left Martin’s office around 11:00 or 11:30 a.m., and went to a truckload sale at the Best Western on Airline Highway. Around noon, the Talbots left the Best Western and went to the Mirror Steak House for lunch. After eating lunch, the Talbots went to K-Mart around 1:30 p.m. to purchase some hoses and sprinklers for their East Sheraton home. The Talbots left K-Mart and went to their home on East Sheraton at about 2:30 p.m. to bring the hoses and sprinklers and to unload some hoses which were in their car. By that time, Mr. Talbot was not feeling well and he sat down at the table and took some medication for what he thought was indigestion. The Talbots stayed at the East Sheraton home until approximately 4:30 or 5:00 p.m., until Mr. Talbot was feeling better. The Talbots then drove back to the Shadowbrook townhouse. Around 9:00 that evening, Talbot became very short of breath and was taken to the Medical Center where he died at 10:25 that evening.

Mrs. Talbot has no recollection of ever going by Talbot’s condominium at any time on July 12,1985. She does, however, recall that they had been to the condominium earlier in the week to move some things to the East Sheraton residence. Nellie Pres-tridge and Annette Morris, both of whom lived in the same condominium complex as Mr. Talbot, testified that they saw Mr. and Mrs. Talbot carrying boxes out of the condominium on the afternoon of Friday, July 12, 1985.

On Saturday, July 13, 1985, after Mr. Talbot’s death, Killgore and Mrs. Talbot went to Talbot’s condominium to look for information which the funeral home had requested. While at the condominium, Kill-gore testified that he looked in the safe for Talbot’s will, but did not find it. The next morning, Sunday, Killgore secretly and without Mrs. Talbot’s knowledge or consent, went back to the condominium and [434]*434thoroughly searched for the will, but once again could not find it. Approximately a week to ten days later, Killgore secretly went back to Talbot’s condominium, again without advising Mrs.

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Related

Matter of Estate of Stanton
472 N.W.2d 741 (North Dakota Supreme Court, 1991)
Succession of Talbot
530 So. 2d 1132 (Supreme Court of Louisiana, 1988)
In re the Succession of Talbot
520 So. 2d 741 (Supreme Court of Louisiana, 1988)

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Bluebook (online)
516 So. 2d 431, 1987 La. App. LEXIS 10681, 1987 WL 1479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-succession-of-talbot-lactapp-1987.