A hearing on the succession case of Peggy M. Traylor, late wife of Associate Justice of the Louisiana Supreme Court (Retired) Chet Traylor is scheduled for 9:30 AM tomorrow at the Franklin Parish Courthouse in Winnsboro, LA. Franklin Parish is in the Fifth Judicial District (Franklin, Richland, West Carroll Parishes).

The hearing will be presided over by Anne Simon from New Iberia. Simon is a retired judge of the Sixteenth Judicial District (Iberia, St Martin, St Mary Parishes).

The three judges in the Fifth Judicial District – Rudolph McIntyre, James Stephens and Terry Doughty – had all recused themselves from the case.

Mrs. Traylor died in August of 2009 intestate, or without a will. When that happens, Louisiana’s probate and succession laws (CC 871) come into play.

Mrs. Traylor’s two sons, Ryan Ellington and Noble Ellington III filed for succession and were appointed co-administrators of the succession.

It has not gone smoothly. Chet Traylor claims usufruct (use of) of the couple’s community property. The two heirs asked to see financial records, but were rebuffed. The heirs asked for a subpoena to compel production of the records. Traylor moved to quash the subpoena and the heirs moved in opposition.

Then late this past Friday afternoon, Traylor filed a motion to continue (delay) the proceedings. The heirs Saturday filed a memo to oppose the continuance.

Also Friday, a protective order was requested by Traylor’s lawyers that would shield information from disclosure. The attorney for the heirs contested that motion in a memo today.

And that’s where matters stand as court convenes tomorrow morning.

Here are the pertinent documents of the case. When the file loads, you will see that the documents are oriented sideways. To correct this, right click on the doc and then click on ‘rotate clockwise’ until properly oriented.

Petition for appointment of independent co-administrators

Motion for turn-over order

Motion to quash

Amended memorandum in opposition to motion to quash

Second supplemental memorandum of independent co-administrators

Motion to continue

Memo in opposition to motion to continue

Supplemental and reply brief

Reply memo

Paul Spillers of Theus, Grisham, Davis & Leigh, LLP is representing the two heirs and Brady King of McNew, King, Mills, Burch and Landry, LLP represents Chet Traylor.