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

P,C k- e; l 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.

El