Judge Allows Discovery in Ellington v Traylor

Ad Hoc Judge Anne Simon of the Fifth Judicial District (Franklin, Richland, West Carroll Parishes) ruled today in Winnsboro that discovery could go forward in the succession case of Peggy M. Traylor, late wife of Associate Justice of the Louisiana Supreme Court (Retired) Chet Traylor. Traylor’s attorney, Brady King II had tried unsuccessfully to quash the subpoena requesting records from the Franklin State Bank and other information.

In her opinion, Simon said

“the co-administrators are entitled to discover all information pertaining to ownership interests of their decedent who is a co-owner of the community accounts.”

King’s motion for a protective order to shield the records from disclosure was also denied.

Simon also ruled that the co-administrators were not entitled (motion for turn-over order) to possession of the community property and that Traylor had usufruct rights that prevailed.

See here today’s rulings.