Matter of Succession of Farr

421 So. 2d 941
CourtLouisiana Court of Appeal
DecidedDecember 10, 1982
Docket82 CA 0074
StatusPublished
Cited by4 cases

This text of 421 So. 2d 941 (Matter of Succession of Farr) 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
Matter of Succession of Farr, 421 So. 2d 941 (La. Ct. App. 1982).

Opinion

421 So.2d 941 (1982)

In the Matter of SUCCESSION OF Warren D. FARR.

No. 82 CA 0074.

Court of Appeal of Louisiana, First Circuit.

October 12, 1982.
Writ Granted December 10, 1982.

*942 Ashton L. Stewart, Baton Rouge, for Mrs. Alice A. Farr and Louisiana National Bank.

Carlos G. Spaht, Baton Rouge, for Presbyterian Church of Baton Rouge and Presbyterian Church of Cranbury, N.J.

Robert D. Hoover, Baton Rouge, for certain defendants-appellees absentees.

Frank W. Middleton, Jr., Baton Rouge, for Burden Memorial Hosp., Inc.

John Dale Powers, Baton Rouge, for Baton Rouge Recreation and Park Comn.

Charles H. Dameron, Baton Rouge, for Our Lady of the Lake Hosp., Inc.

Paul M. Hebert, Jr., Baton Rouge, for Hosp. Affiliates Intern. d/b/a Doctors Memorial Hosp.

Harvey H. Posner, Baton Rouge, for Woman's Hosp. Foundation.

*943 Robert Roland, Baton Rouge, for Baton Rouge General Hosp.

Before COVINGTON, LEAR and LANIER, JJ.

COVINGTON, Judge.

This is an appeal by the First Presbyterian Church of Baton Rouge and the First Presbyterian Church of Cranbury, New Jersey, defendants, from a judgment of the district court, signed on December 7, 1981, in favor of plaintiff, Louisiana National Bank of Baton Rouge, as trustee of the Alice A. Farr Marital Trust and of the Warren D. Farr Residuary Trust, and against the defendants,[1] declaring and decreeing:

"[T]hat the legacy under a universal title to the Alice A. Farr Marital Trust in the last will and testament of Warren D. Farr of `one-half (½) of all my property, both movable and immovable and wherever located, owned at my death' included one-half of all of the property left by Warren D. Farr at his death including, by way of illustration and not as a limitation, one-half of all of the shares of stock of General American Oil Company of Texas, and which legacy included at the termination of the said Alice A. Farr Marital Trust, on August 19, 1980, all of those properties, as set forth in Exhibit III-A, annexed to the petition in this matter, ... and that the residuary legacy to the Warren D. Farr Residuary Trust in the said last will and testament of Warren D. Farr `of the residue and remainder of my estate of every nature and description and wherever located owned at my death' included only the residue of all of the property left by Warren D. Farr at his death, after the said legacy to the said Alice A. Farr Marital Trust, had been deducted, but subject to the other provisions of said last will and testament, and which residuary legacy only included at the termination of the said Warren D. Farr Residuary Trust on August 19,1980, those properties as set forth in Exhibit III—B, annexed to the petition in this matter..."

This cause commenced as a suit for declaratory judgment brought by the trustee of the two trusts created in the last will and testament of Warren D. Farr, deceased. Mr. Farr died, at the age of 86 years, on April 21, 1976, leaving his widow, Alice A. Farr, and collateral relatives, but no ascendants or descendants. In his testament, a nuncupative will under private signature, dated February 5, 1971, he left certain movable property to his widow, and created two trusts which subsequently terminated by their own terms on the death of Mrs. Farr on August 19, 1980.[2]

*944 The Farr testament consists of five typewritten legal-size sheets and contains three dispositions: first, a bequest to his wife of certain movable property (which is not an issue in this case); second, a bequest to the bank in trust for his wife (the marital trust); and third a bequest in trust for his wife as income beneficiary and 25 others as principal beneficiaries, including the two churches (the residuary trust). There is an alternative bequest, which is of no moment since the contingency of the wife's prior death did not happen.

The provisions of the testament pertinent to this suit are:

"Article II
2.1 To the Louisiana National Bank of Baton Rouge, Louisiana, as Trustee for my wife, Alice A. Farr, I will one-half (½) of all my property, both movable and immovable and wherever located, owned at my death.
2.2 This trust is to be known as the Alice A. Farr Marital Trust and all of the income from this entire trust shall be paid to my wife during her lifetime annually, or, at the Trustee's election at more frequent intervals. My wife shall have the full and unrestricted right to bequeath her entire interest in favor of her estate or to whomever she may see fit, and no person may divert any part of this to any other person than my wife.
2.3 If my wife, Alice A. Farr, survives me, then I will to Louisiana National Bank of Baton Rouge, Baton Rouge, Louisiana, as Trustee, all of the residue and remainder of my estate of every nature and description and wherever located owned at my death in a separate trust to be known as the Warren D. Farr Residuary Trust.
2.4 My wife, Alice A. Farr, shall be income beneficiary of the Warren D. Farr Residuary Trust for her lifetime. All trust income shall be payable to her at least annually or at more frequent intervals as agreed between my wife and trustee.
2.5 The hereinafter listed individuals and institutions are instituted as the principal beneficiaries and successive income beneficiaries of said Warren D. Farr Residuary Trust, in which trust the trustee shall hold all of the remainder of my estate, of every nature and description, for said beneficiaries until the death of the said Alice A. Farr, at the happening of which event the Warren D. Farr Residuary Trust shall terminate and its assets distributed to said beneficiaries, who shall take as special and residuary legatees of said trust funds, the residuary legatees, however, being distributed any other property I might own at my death. The said beneficiaries (and heirs) shall take said property in the following amounts and proportions, provided, however, that any asset not specifically disposed of, or accruing as a result of the death of any beneficiary or legatee shall be allotted to the residuary legatees.
Special:
a.   My nephew, Walter R. Farr               $2,500.00
b.   My grandniece, Mrs.                      6,000.00
     Virginia S. Tantum
c.   S. Warren Tantum                        15,000.00
d.   Julia Mae Arbour                         4,000.00
e.   The First Presbyterian                 50% of the
     Church, Cranbury, New                  total number
     Jersey, in honor of my                 of shares of
     father, David Farr, and my             stock owned
     mother, Virginia Farr; my              by me in
     sister, Lillie Chamberlin,             General Oil
     born Lillie Farr, and her              at my death.
     husband Lewis Chamberlin.
f.   The First Presbyterian                 50% of the
     Church Baton Rouge,                    total number
     Louisiana                              of shares of
                                            stock owned
                                            by me in
                                            General
                                            American Oil
                                            at my
                                            death."

In its petition, the trustee seeks a declaratory judgment decreeing that Mr.

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Related

McKeithen v. Hogan
485 So. 2d 122 (Louisiana Court of Appeal, 1986)
In re the Succession of Farr
449 So. 2d 433 (Supreme Court of Louisiana, 1983)
In re Succession of Farr
423 So. 2d 1159 (Supreme Court of Louisiana, 1982)

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421 So. 2d 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-succession-of-farr-lactapp-1982.