Heirs of Andrews v. Executors of Andrews
Supreme Court of Louisiana
Appeal from the court of probates of the parish and city of New-Orleans. The validity of the testament of the late A. Andrews, is the sole point in dispute in this case. If it be not good as a nuncupative testament, as it is attested by no more than three witnesses, instead of the number which the law requires, it certainly has all the requisites to constitute a valid olographic testament.
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Appeal from the court of probates of the parish and city of New-Orleans. The validity of the testament of the late A. Andrews, is the sole point in dispute in this case. If it be not good as a nuncupative testament, as it is attested by no more than three witnesses, instead of the number which the law requires, it certainly has all the requisites to constitute a valid olographic testament. It is entirely written, signed and dated with the testator’s hand; and the law subjects this will to no other formality. It is true, that the Code defines the olographic testament to be “that which is made…
1Opinion of the CourtPorter, J.
This appeal has been taken from a decision of the court of probates, relative to *726the last will and testament of Arthur Andrews deceased. The judge, conceiving the instrument presented to him to be clothed with all necessary requisites to render it valid as an olographic will, admitted it to probate. The heirs appealed.
The paper produced as the testament of the deceased, is proved to have been written, signed, and dated by him. At the foot, however, three persons have affixed their names, “as witnesses present.”
The appellants contend, that the writing of the will in presence of three…
2Cited by7 opinions
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- Bacon v. ShultzSupreme Court of Louisiana · 1883
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- Krider v. Bryant-BanksLouisiana Court of Appeal · 1996
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