Stafford v. Stafford
Supreme Court of Louisiana
Western Dist. APPEAL PROM THE COURT OP PROBATES, POR THE PARISH OF RAPIDES. This is an action of partition, provoked by J. S. Stafford, one of the heirs of Le Roy Stafford, deceased, by a former marriage, against the widow and heirs of the last marriage, in which a partition by licitation of the estate of the deceased is prayed for, contradictorily with the executor under the will, and the said widow and heirs.
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Western Dist. APPEAL PROM THE COURT OP PROBATES, POR THE PARISH OF RAPIDES. This is an action of partition, provoked by J. S. Stafford, one of the heirs of Le Roy Stafford, deceased, by a former marriage, against the widow and heirs of the last marriage, in which a partition by licitation of the estate of the deceased is prayed for, contradictorily with the executor under the will, and the said widow and heirs. The widow set up grounds of nullity against the last will and testament of her late husband : 1. Because, the notary did not write the will as it was dictated. 2. The testator did not…
1Opinion of the CourtCarleton, J.
The controversy in this case is made to turn upon the validity of the nuncupative will of Le Roy Stafford, deceased, made by public act, which the defendants allege to be void, for various causes of nullity. Two only of which, it becomes necessary for us to notice :
1st. Because, the notary did not write the will as it was dictated by the testator.
2d. Because, the testator did not sign the will, nor does it upon its face show, that the testator declared he knew not how, or was not able to sign. The judge of the Court of Probates thought the will good and valid in law, and decreed accordingly.…
2Cited by1 opinion
- Succession of BarouquetLouisiana Court of Appeal · 1963