Landry v. Tomatis
Supreme Court of Louisiana
REPEAL from the Second District Court, parish of Orleans. Tissot, Merrick, Eace & Foster, Eichard Shackelford, and James Graham, for plaintiffs and appellees, contended : 1. That a nuncupative will by public act must be dictated by the testator to the notary, and written by the notary as dictated. O. 0.1578. 2. That it cannot be said that a will was dictated by the testator, when it appears that the words of each clause of the will were suggested to Mm by another person.
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REPEAL from the Second District Court, parish of Orleans. Tissot, Merrick, Eace & Foster, Eichard Shackelford, and James Graham, for plaintiffs and appellees, contended : 1. That a nuncupative will by public act must be dictated by the testator to the notary, and written by the notary as dictated. O. 0.1578. 2. That it cannot be said that a will was dictated by the testator, when it appears that the words of each clause of the will were suggested to Mm by another person. Laudais’French Dictionary., word Dieter. Also the case of Hamilton vs. Hamilton, 6 N. S. 146. 3. The formalities prescribed…
1Opinion of the Court
The opinion of the court was delivered by
Marr, J.
Defendants are appellants from a judgment declaring to foe null the writing which had been admitted to probate as the nuncu-pative will, by public act, of Mrs. Tomatis. The single question to be solved is purely one of fact: “Was this writing dictated to the notary by Mrs. Tomatis ?”
Immediately following what purports to be the dispositive part of this writing is this statement; “ This will ha? been thus dictated to me, notary, by the testatrix, in presence and hearing of said three afore-named witnesses, and written by me, notary, as dictated,…
2Cited by10 opinions
- Harris v. PeopleIllinois Supreme Court · 1889
- Rostrup v. Succession of SpicerSupreme Court of Louisiana · 1936
- Succession of McDermottSupreme Court of Louisiana · 1914
- Succession of HersonLouisiana Court of Appeal · 1961
- Sewell v. PeopleIllinois Supreme Court · 1901
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