AIG v. Jojuyounghi Cleaver, as Surviving Spouse and as Natural Tutrix of the Minor Child, K.J.J.; Laila Minja, as Natural Tutrix of the Minor Child, T.G.J.; Shona Pratt and Hiroji Pratt (2021)

Court of Appeal of Louisiana, First Circuit.

SUCCESSION OF Geronimo Ji JAGA American General Life Insurance Company, Successor to Western National Life Insurance Company f/k/a AIG Annuity Insurance Company, Successor to American General Annuity Insurance Company v. Jojuyounghi Cleaver, as Surviving Spouse and as Natural Tutrix of the Minor Child, K.J.J.; Laila Minja, as Natural Tutrix of the Minor Child, T.G.J.; Shona Pratt and Hiroji Pratt

2020 CA 1026, 2020 CA 1027

Decided: December 14, 2021

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

Ronald E. Stutes, Baton Rouge, Louisiana, Attorney for Plaintiffs/Defendants/Appellants, Shona Pratt, Hiroji Pratt, and Nikki Michaux Emily E. Eagan, New Orleans, Louisiana, Attorney for Defendant/Appellee, American General Life Insurance Company M. Janice Villarrubia, Baton Rouge, Louisiana, Attorney for Plaintiff/Defendant/Appellee, Jojuyounghi “Joju” Cleaver as Administratrix and as Agent under Specific Power of Attorney for Kayode Ji Jaga Joseph A. Prokop, Jr., Baton Rouge, Louisiana, Attorney for Defendant/Appellee, Jojuyounghi “Joju” Cleaver as Surviving Spouse of the Decedent Mark R. Callender, Baton Rouge, Louisiana, Attorney for Defendant/Appellee, Glory William “Laila” Minja as Natural Tutrix of the Minor Child, Tkumsah Geronimo Jaga

The adult children of the decedent appeal from a judgment of possession signed August 29, 2019 in their father's succession. Finding error, we reverse, vacate, and remand.

A full recitation of the pertinent facts and procedural history of this case are set forth in the companion opinion to this appeal, Succession of Geronimo Ji Jaga c/w American General Life Insurance Company v. Jojuyounghi Cleaver, as surviving spouse and as natural tutrix of the minor child, Kayode Ji Jaga, et al., 2020 CA 1028 c/w 2020 CA 1029, also handed down this date. The companion appeal arose from the July 26, 2019 final judgment in the consolidated succession and concursus proceedings. In the July 2019 final judgment, the district court ruled that an annuity should be included in the mass of the succession. That ruling was the basis of the awards in the August 2019 judgment of possession before us in this appeal. The appellants urged the same assignments of error in both appeals and filed the same briefs.

For the reasons set forth in our opinion in Succession of Jaga c/w American General Life Insurance Co. v. Cleaver, 2020 CA 1028 c/w 2020 CA 1029 finding the inclusion of the annuity in the succession mass to be error, we reverse and vacate the August 29, 2019 judgment of possession from which the decedent's adult children, Shona Pratt, Hiroji Pratt, and Nikki Michaux, appeal. This matter is remanded for further proceedings consistent with this opinion and that of Succession of Jaga c/w American General Life Insurance Co. v. Cleaver, 2020 CA 1028 c/w 2020 CA 1029.

Costs of this appeal are assessed to Jojuyounghi “Joju” Cleaver as administratrix and as agent under specific power of attorney for Kayode Ji Jaga and Glory William “Laila” Minja as natural tutrix of the minor child, Tkumsah Geronimo Jaga.

REVERSED, VACATED, AND REMANDED.

HOLDRIDGE, J.

Guidry, J., concurs in the result.

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