Legal Opinion

Succession of Fontenot

Louisiana Court of Appeal

Decided October 7, 1987No. 86-927Published

1Per curiam

This is an appeal from a summary judgment by which a will was nullified based on the testatrix’s inability to understand English, the language in which the will was typed.

Clorice Fontenot died on January 12, 1986. Her daughter Eunice presented a will for probate. Mrs. Fontenot’s son Joseph Jr. filed a petition to annul the probated testament. The will was executed in an attempt to comply with the requirements of LSA-R.S. 9:2443, the statutory will for illiterates. It contains the following passage:

“[T]he testatrix after stating that she understands very little of the English language, but…

2Cases cited2 opinions

  1. Succession of DauzatLouisiana Court of Appeal · 1968
  2. Debaillon v. FuselierSupreme Court of Louisiana · 1925

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