Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Molaison finds that the trial court properly granted the executor of the decedent's estate's peremptory exception of no cause of action as to heirs' petition to annul judgment obtained by fraud. The heirs claimed that the executor had breached a fiduciary duty to carry out the terms of the decedent's will "in purposely ignoring the wishes of the Decedent and allowing the succession proceeding to lay dormant until such time as he could seek dismissal of the April 8, 2005 Codicil, therefore, directly benefitting himself as one of the heirs of the Decedent.” The heirs' claim does not state facts sufficient to state a cause of action for nullity based on fraud or ill practices. However, the heirs should be given the opportunity to amend their petition to state a cause of action. Affirmed in part.