In the Matter of Succession of Brantley

789 So. 2d 1, 99 La.App. 1 Cir. 2422, 2000 La. App. LEXIS 3807, 2000 WL 33146005
CourtLouisiana Court of Appeal
DecidedNovember 3, 2000
Docket99 CA 2422
StatusPublished
Cited by5 cases

This text of 789 So. 2d 1 (In the Matter of Succession of Brantley) 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 the Matter of Succession of Brantley, 789 So. 2d 1, 99 La.App. 1 Cir. 2422, 2000 La. App. LEXIS 3807, 2000 WL 33146005 (La. Ct. App. 2000).

Opinion

789 So.2d 1 (2000)

In the Matter of the SUCCESSION OF Lubertha D. BRANTLEY

No. 99 CA 2422.

Court of Appeal of Louisiana, First Circuit.

November 3, 2000.
Rehearing Denied December 29, 2000.
Writ Denied March 30, 2001.

Carey J. Messina, Todd A. Rossi, Jennifer J. Thomas, Baton Rouge, for Appellees Ruth B. Lloyd, Burnett Dyer, Lillian M. Birkett, Jacqueline D. Phelps, J.M. Dyer, Jean Dyer Patin, Lillian Patricia Potter, Carole Dyer Lewis-Grey, and Ericka P. McDaniel.

*2 A.P. Manint, Lorna M. Brasseaux, Baton Rouge, for Appellant Ardelia S. Clark.

Before: WHIPPLE, FOGG and BAGNERIS,[1] JJ.

BAGNERIS, Judge.

In this will contest, Ardelia S. Clark, niece of the decedent/testator, appeals from a judgment declaring null and void a statutory will. The trial court found that the testator, Lubertha D. Brantley, lacked the required testamentary capacity to confect a will at the time the will was confected. We affirm.

BACKGROUND FACTS

In 1987, Lubertha D. Brantley, an octogenarian, suffered a stroke. On or about February 10,1987, a petition to interdict Brantley was filed. By judgment dated April 1, 1987, Brantley was interdicted. Ardelia Clark was appointed the curatrix and Ruth Lloyd was the undercuratrix.

On May 4, 1988, Brantley filed an action to revoke the interdiction.[2] By judgment dated, October 28, 1988, the interdiction was revoked.[3] This judgment declared that Brantley was "fully competent now to take care of her person and to administer her estate" subject to the provisions of a trust agreement.[4]

Nearly five years later, on December 10, 1993, Brantley executed a statutory testament.[5] Brantley died on December 19, 1994, at the age of 92. A petition for probate of Brantley's statutory testament was filed by Clark[6], the alleged universal legatee under the last will and testament of Brantley.

After the filing of an opposition to the ex parte probate of the testament and other pleadings by various parties claiming an interest in the succession, Clark filed a "Petition for Declaratory Judgment" in the pending probate action. Clark sought a judicial determination that the April 1, 1987 interdiction of Brantley had been revoked by a judgment signed October 28, *3 1988; that the issue of the revocation of Brantley's interdiction was res judicata and not subject to attack by defendants; that all persons have capacity to make and receive donations mortis causa and inter vivos under LSA-C.C. art. 1470; that Brantley was entitled to the presumption of capacity under LSA-C.C. art. 1470; that under LSA-C.C. art. 1482, any person challenging a donor's capacity who is not under a judicial determination of mental infirmity must prove by clear and convincing evidence that the donor lacked capacity at the time he executed the testament; and that defendants, Ruth D. Lloyd, Burnett Dyer, Lillian M. Birkett, Jacqueline D. Phelps, J.M. Dyer, Jean Dyer Patin, Lillian Patricia Potter and Carole Dyer Lewis-Grey [the Lloyd heirs][7] bore the burden of proving by clear and convincing evidence that Brantley lacked capacity at the time the disputed testament was executed.[8] By judgment signed February 23, 1996, the trial court granted Clark's motion for summary judgment on the petition for declaratory judgment, and denied the Lloyd heirs' motion for summary judgment. The Lloyd heirs filed a petition for suspensive appeal, and by judgment rendered on June 29, 1997, this Court affirmed the trial court's judgment relative to the burden of proof.[9] However, no determination was made at that time regarding Brantley's capacity to execute her last will. This issue was left for resolution by the trial court.[10]

At the trial of this matter, the parties presented evidence of physicians who examined Brantley in 1987, 1988 and in early 1992 as evidence of Brantley's testamentary capacity.[11] In addition, the testimony of various friends and relatives who visited Brantley in years preceding her death was presented. The trial court also heard *4 from two sitters who were with Brantley before and after she executed her last will and testimony and from the notary and two witnesses to the testament.

The trial court determined that the Lloyd heirs had met their burden of proof regarding the lack of testamentary capacity of Brantley to confect a will and invalidated the will and ordered the matter to proceed as an intestate succession. Under this ruling, the nieces and nephews of Brantley, including Clark, will inherit her estate, rather than the entire estate falling to Clark. Clark has appealed, alleging the trial court erred in finding that the Lloyd heirs proved by clear and convincing evidence that Brantley lacked testamentary capacity at the time she executed her testament.

DISCUSSION

Testamentary Capacity

To make a valid donation mortis causa, a person must be of sound mind. La. C.C. art. 1477. The testamentary capacity to make a will is tested at the time the will is made. La. C.C. art. 1471; Stewart v. Branch, 250 So.2d 474, 477 (La.App. 1st Cir.), writ denied, 259 La. 905, 253 So.2d 224 (1971). Initially, it must be noted that testamentary capacity is solely a question of fact to be determined by the trial court and its finding will not be disturbed on appeal in the absence of manifest error. Succession of Christensen, 94-0263, p. 8 (La.App. 1st Cir.12/22/94), 649 So.2d 23, 27, writ denied, 95-0234 (La.4/7/95), 652 So.2d 1346; Succession of Keel, 442 So.2d 691, 692 (La.App. 1st Cir. 1983). With regard to the issue of capacity, there exists a presumption that the testator possessed the requisite testamentary capacity, which is only rebutted by satisfactory and convincing evidence. Succession of Bush, 292 So.2d 915, 917 (La. App. 1st Cir.), writ denied, 294 So.2d 837 (La.1974).

The question is whether the testator understood the nature of the testamentary act and appreciated its effects. Succession of Lyons, 452 So.2d 1161, 1164 (La.1984); Succession of Moody, 227 La. 609, 614, 80 So.2d 93, 94 (1955); Succession of Riggio, 468 So.2d 1279, 1288 (La. App. 1st Cir.), writ denied, 472 So.2d 33 (La.1985). The burden of proving lack of testamentary capacity is upon the party alleging it. Succession of Schmidt, 219 La. 675, 679-680, 53 So.2d 834, 835 (1951); Lyons, 452 So.2d at 1164; Riggio, 468 So.2d at 1288. There is a presumption in favor of testamentary capacity. Lyons, 452 So.2d at 1164; Succession of Mithoff, 168 La. 624, 122 So. 886 (La.1929); Riggio, 468 So.2d at 1288. This presumption continues until rebutted by clear and convincing evidence to the contrary. Lyons, 452 So.2d at 1165-66; Riggio, 468 So.2d at 1288.

What constitutes clear and convincing evidence is further explained in State v. Johnson, 458 So.2d 937, 942 (La.App. 1st Cir.1984), writ denied, 463 So.2d 593 (La. 1985), inter alia, as requiring more proof than a preponderance of the evidence but less stringent than the criminal standard of beyond a reasonable doubt.

The specific burden on the attacking party is to prove that at the time of execution the testator was not sufficiently sound of mind to fully understand the nature of the will and appreciate its effects. Succession of Brown, 251 So.2d 465, 467 (La.App. 1st Cir.1971).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Succession of Wesley
174 So. 3d 23 (Louisiana Court of Appeal, 2015)
Succession of Gourgis
1 So. 3d 528 (Louisiana Court of Appeal, 2008)
In Re Succession of Fisher
970 So. 2d 1048 (Louisiana Court of Appeal, 2007)
KILROY KINNEY v. Bourgeois
962 So. 2d 1234 (Louisiana Court of Appeal, 2007)
Theriot v. Bergeron
939 So. 2d 379 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
789 So. 2d 1, 99 La.App. 1 Cir. 2422, 2000 La. App. LEXIS 3807, 2000 WL 33146005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-succession-of-brantley-lactapp-2000.