Succession of Bagwell

Louisiana Court of Appeal

Succession of Bagwell

391 So. 2d 919, 1980 La. App. LEXIS 4827

CourtLouisiana Court of Appeal

DecidedDecember 2, 1980

DocketNo. 14350

StatusPublished

Cited by1 cases

This text of 391 So. 2d 919 (Succession of Bagwell) 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.

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Succession of Bagwell, 391 So. 2d 919, 1980 La. App. LEXIS 4827 (La. Ct. App. 1980).

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Opinion

MARVIN, Judge.

After rejection of his wife’s demand to probate an allegedly “lost” statutory will in which the husband and the wife were legatees, the husband then sued for probate of the alleged lost will and was met with a “Motion for Judicial Estoppel”.

This motion, filed on the grounds that the husband was aware of his wife’s suit to probate the will and should have joined in, was sustained and the husband’s demands were rejected and he appeals.

The sustaining of the motion (plea or exception) of judicial estoppel was clearly wrong. Mitchell v. Bertolla, 340 So.2d 287 (La.1976); Welch v. Crown Zellerbach Corporation, 359 So.2d 154 (La.1978). None of the variations of the common law doctrine of res judicata may be engrafted upon our Civil Code authority, Arts. 2285-2287, 3556. See Welch, supra.

REVERSED at appellee’s cost and remanded.

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