(Download) "Horrell v. Horrell" by First Circuit Court of Appeal of Louisiana * eBook PDF Kindle ePub Free
eBook details
- Title: Horrell v. Horrell
- Author : First Circuit Court of Appeal of Louisiana
- Release Date : January 06, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
NOT BEEN RELEASED FOR PUBLICATION In this appeal, Walter J. Horrell, Sr., the Defendant, (hereinafter AWalter"") contends that his siblings, the Plaintiffs, as intestate heirs to their father's succession, lack the legal capacity to assert an action to revoke a donation inter vivos executed by the decedent, Mr. Edward A. Horrell, Sr. (Mr. Horrell). Walter also argues that the trial court erred in granting summary judgment in favor of the Plaintiffs after finding through application of res judicata that the issue of Mr. Horrell's mental capacity to donate had been previously determined and could not be relitigated. Since we sustain Walter's peremptory exception of no right of action, we do not decide whether res judicata precludes a trial on the validity of the donation.