SUCCESSION OF WADE v. << (2021)

Writ application granted. See per curiam.

Writ granted. The condition attached to the daughter's legacy in the testator's original will is a “testamentary provision” subject to revocation under Louisiana Civil Code article 1608(2). Although the subsequent codicil does not mention the condition, it does address the ownership and use of the immovable property targeted by the condition. These codicil provisions are vague and ambiguous insofar as they bear on the testator's intent as to the condition. The interpretation of the codicil involves factual questions that are not appropriate for resolution by summary judgment. See La. Code Civ. Pro. art. 966; see also La. Civ. Code art. 1611A; Succession of Stewart, 301 So. 2d 872, 877 (La. 1974); In re Succession of Bernat, 11-368 (La. App. 3 Cir. 11/2/11), 76 So. 3d 1287, 1291, writ denied, 12-0263 (La. 3/30/12), 85 So. 3d 122. The judgments of the trial court and court of appeal are vacated, and the matter is remanded for further proceedings.

JUDGMENTS VACATED; CASE REMANDED.