Heirs of Hennessey v. Woulfe
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans, Rightor, J. Defects of form in the execution of a will, however trifling, are fatal. C. O. J595; Shannon vs. Shannon, 16 An. 9; Succession of Carroll, 28 An, 891; Succession of Yollmer, 40 An. 598. Nuncupative testaments must make full proof of themselves, on their face, and no evidence aliunde can be introduced to support them.
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A PPEAL from the Civil District Court for the Parish of Orleans, Rightor, J. Defects of form in the execution of a will, however trifling, are fatal. C. O. J595; Shannon vs. Shannon, 16 An. 9; Succession of Carroll, 28 An, 891; Succession of Yollmer, 40 An. 598. Nuncupative testaments must make full proof of themselves, on their face, and no evidence aliunde can be introduced to support them. Succession of Wilkins, 21 An. 115; Succession of Volimer, 40 An. 597; Succession of Saux, 46 An. 1425; O. C. 1647. Under our law and jurisprudence a mark is a signature, and making a mark is signing.…
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
This is a suit by the legal heirs of Margaret Hennessey, to annul her asserted will in nuncupative form by public act. The grounds advanced in the petition, we understand from the argument in this court, to be confined now to those that deny she dictated the will or signed it in the presence of the witnesses, or that she was in a condition to enable her to make a will, or that the act itself contains the recitals by the notary essential to give validity to acts of last will by public act. The appeal is by plaintiffs from the judgment…
2Cases cited3 opinions
- Gonzales v. GonzalesSupreme Court of Louisiana · 1839
- Hart v. Thompson'sSupreme Court of Louisiana · 1840
- Langley's Heirs v. Langley's ExecutorsSupreme Court of Louisiana · 1838
3Cited by13 opinions
- Rostrup v. Succession of SpicerSupreme Court of Louisiana · 1936
- Renfrow v. McCainSupreme Court of Louisiana · 1936
- Succession of PurkertSupreme Court of Louisiana · 1936
- Succession of PrejeanSupreme Court of Louisiana · 1954
- Succession of RiebelSupreme Court of Louisiana · 1914
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