LaCroix v. Senecal

The plaintiff, a niece of the testatrix, who was left nothing under her aunt’s will and cod*313icil, brought this action for a declaratory judgment as heir and next of Mn. She asked in effect for a decree that one-half of the residuary estate of the testatrix is intestate and that she, as heir, is entitled to that one-half interest. The plaintiff’s claim of intestacy is predicated upon the fact that one of the three subscribing witnesses of the codicil was the husband of the defendant Aurea Seneeal, to whom one-half of the residue was given by the express terms of both instruments. The court held…