Succession of Guitar
Succession of Guitar
Opinion of the Court
Arch Y. Guitar died intestate at his domicile in the City of Columbia, Boone County, Missouri, on the 30th day of November, 1963. His Succession was opened in Missouri in December, 1963.
On January 24, 1968, James Butler Bushyhead, Jack Bushyhead and Mrs. Marjorie Young, widow of Rober Fisher, each domiciled in the State of Missouri; Virginia Hale, wife of Kenneth B. Foreman, and Charles Herndon Hale, each domiciled in the State of Texas; Virginia Guitar, wife of Mathias Little, domiciled in the State of Illinois; Virginia Roach, wife of Harrold Ellis, Edward G. Roach, Jr., and Justin M. Roach, Jr., each domiciled in the State of California; and David Guitar Platter domiciled in the State of Minnesota, filed a joint petition in the Twenty-Second Judicial District Court for the Parish of St. Tammany, Louisiana, alleging that Arch Y. Guitar, who was never married and who never had any children, or adopted anyone and whose parents predeceased him, died intestate at his domicile in Columbia, Missouri, leaving petitioners as his sole heirs, and alleging that there was no necessity for the administration of the decedents estate, prayed that they be recognized as the sole heirs of the decedents and as such be placed in possession of his estate simply and unconditionally. Petitioners further alleged that decedent’s estate was relatively free from debt. An affidavit of heirship was filed with the petition, together with proof that the inheritance tax due the State of Louisiana had been paid. The record contains a descriptive list of the property comprising the estate of Arch Y. Guitar in the State of Louisiana, together with the fair market value thereof at the date of the death of the decedent. The detailed descriptive list filed herein listed immovable property in St. Tammany Parish and Jefferson Parish, and personal property in Orleans Parish, but no immovable property in Orleans Parish. This list was sworn to on August 26, 1968. An ex parte judgment of the Court was rendered and signed on October 24, 1968, recognizing the hereinabove named individuals as the heirs of decedent and placing them in possession of all the prop
The exception to the jurisdiction of the Court filed in this case by Mrs. Alice Cannon was tried June 6, 1969. Mrs. Cannon was the only witness who testified. She said Arch Y. Guitar had resided in New Orleans, Louisiana, since 1923, and to her personal knowledge he had been domiciled in New Orleans, Louisiana, since 1945. In fact, he had lived in her home from 1956, until he went to Columbia, Missouri, in March, 1963, to care for his sister, who was suffering from a terminal illness. The appellee testified that Mr. Guitar informed her that after his sister died, that he intended to return to New Orleans. She supported her testimony by reference to various documents which disclosed that he did not change his mailing address after he moved to Missouri. The District Judge concluded that the domicile of Arch Y. Guitar was in New Orleans, Louisiana, at the time of his death; and that the exception to the jurisdiction was sustained, and the judgment of possession rendered and signed on October 24, 1968, was declared to be null and void.
Counsel for the appellants contend that the District Court of St. Tammany Parish, Louisiana, was in error in sustaining ap-pellee’s plea to the jurisdiction, for the reason that the Court of Appeal, Fourth Circuit, in the case entitled Succession of Arch Y. Guitar, 197 So.2d 921, had found that the domicile of the decedent, Arch Y. Guitar, was in Columbia, Boone County, Missouri, at the time of his death. The appellee, herein, was the appellant in the case decided by the Fourth Circuit Court of Appeal; and that she had acquiesced in that judgment for the reason that she did not ask for a new trial, nor apply for writs. The opinion rendered by the Court of Appeal, Fourth Circuit, in the Succession of Arch Y. Guitar, discloses that Arch Y. Guitar died at his domicile in Columbia, Boone County, Missouri; that his succession was opened in Boone County, Missouri ; and that an administrator was appointed. Immediately, thereafter, the administrator caused ancillary succession proceedings to be opened in the Civil District Court of the Parish of Orleans. However, an ancillary administrator was never appointed. On January 3, 1966, the same individuals, who are the appellants in the instant case, by joint petition filed in the
“The laws governing the place of opening a succession in Louisiana have been interpreted to be not rules of venue, but rather of jurisdiction rationae materiae. Howell v. Kretz, 15 La.App. 454, 131 So. 204 (1930). Succession of Bibbins, 152 So. 592 (La.App. 1934). The initial petition filed herein by the administrator and the petition for possession filed by the heirs allege that the decedent was domiciled in Missouri at the time of his death; and the detailed descriptive list filed herein listed immovable property in St. Tammany Parish and Jefferson Parish but none in Orleans Parish. These facts stand uncontroverted in the record. Therefore, the Civil District Court for the Parish of Orleans was without jurisdiction to administer this succession, and all proceedings taken therein, being vio-lative of the provisions of Article 2811 of the Code of Civil Procedure, are null and void. See Succession of Bibbins, supra.”
After the Court of Appeal, Fourth Circuit had found that Arch Y. Guitar was domiciled in Missouri at the time of his death, and that the Civil District Court for the Parish of Orleans did not have jurisdiction, the appellants instituted identical proceedings in the District Court of St. Tammany Parish, where the decedent owned immovable property. LSA-C.C.P. Article 3401, dealing with ancillary probate procedure refers to LSA-C.C.P. Article 2811, which in part provides:
“* * * If the deceased was not domiciled in this State at the time of his death, his succession may be opened in the district court of any parish where:
(1) Immovable property of the deceased is situated; or
(2) Movable property of the deceased is situated, if he owned no immovable property in the state at the time of his death.”
Clearly the District Court of St. Tammany Parish has jurisdiction of this succession, if Arch Y. Guitar was domiciled in Missouri at the time of his death, because he had immovable property situated in that Parish. The Court of Appeal, Fourth Circuit, in a judgment that has become final, found that Arch Y. Guitar was domiciled in Missouri at the time of his death. The District Judge erred in sustaining the exception of jurisdiction filed by the appellee, and in annulling the judgment of possession rendered and signed on October 24, 1968, in the instant case.
For the reasons herein assigned, the judgment appealed from is reversed, and the judgment of possession rendered and signed on October 24, 1968, is reinstated.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.