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Harry James Lossin, Sr., Joneville, for Dorothy Ann Reeves Faillace.
Lawrence Sandoz, Jr., Opelousas, for Jarrett Garney Reeves. Zimmerman, Jr., Baton Rouge, for Robert Roger Reeves, Jr.
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Article 1478 provides for the nullification of wills upon grounds of fraud or duress. A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for the volition of the donor.(Emphasis ours).A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of fraud or duress. There is precious little Louisiana jurisprudence on the topic of undue influence, as prior to the 1991 enactment Article 1479, such donations could not be annulled on this basis.Moreover, applying Article 1479 in pari materia with Article 1478 restated above is not without difficulty. 1479 and the experience of common law jurisdictions, who have long recognized the principle.(b) This Article, like the preceding Article, presumes a donor who has capacity. Proof by “clear and convincing” evidence requires more than “preponderance of the evidence,” the traditional measure of persuasion, but less than “beyond a reasonable doubt,” the stringent criminal standard. In accord, Succession of Bartie, 472 So.2d 578 (La.1985); Succession of Fletcher, 653 So.2d 119.The will further named Jarrett as executrix and Lawrence Sandoz as the attorney for the succession.
One of the Reeves' children, Bob, was excluded from his father's will, leading him to file the instant suit to annul his father's will on March 15, 1993, alleging alternatively that the will was not properly executed and was a product of Jarrett Reeves' undue influence.Appellant argues that in rendering an adverse judgment, the trial court incorrectly discounted the testimony of friends and business associates who had known the decedent both before and after his marriage to her, all of whom offered testimony in support of the testator's capacity.