Succession of Geronimo Ji Jaga

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2020 CA 1026 c/ w 2020 CA 1027 SUCCESSION OF GERONIMO JI JAGA CONSOLIDATED WITH

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

VERSUS

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

Judgment rendered: DEC 14 2021 On Appeal from the

Sixteenth Judicial District Court

In and for the Parish of St. Mary, State of Louisiana

No. 19232 c/ w 128836 The Honorable Keith R. J. Comeaux, Judge Presiding Ronald E. Stutes Attorney for Baton Rouge, Louisiana Plaintiffs/Defendants/ Appellants

Shona Pratt, Hiroji Pratt, and Nikki Michaux

Emily E. Eagan Attorney for Defendant/Appellee New Orleans, Louisiana American General Life Insurance

Company M. Janice Villarrubia Attorney for Baton Rouge, Louisiana Plaintiff/Defendant/Appellee

Jojuyounghi " Joju" Cleaver as Administratrix and as Agent under

Specific Power of Attorney for

Kayode Ji Jaga

Joseph A. Prokop, Jr. Attorney for Defendant/Appellee Baton Rouge, Louisiana Jojuyounghi " Joju" Cleaver as

Surviving Spouse of the Decedent Mark R. Callender Attorney for Defendant/Appellee Baton Rouge, Louisiana Glory William " Laila" Minja as

Natural Tutrix of the Minor Child,

Tkumsah Geronimo Jaga

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

K HOLDRIDGE, J.

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.

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