Succession of Gaudin

MILLER, Judge pro tem.

Joseph J. Gaudin died on February 12, 1956, leaving an olographic will dated “9/12/55”. The proponent of the will is Miss Bobbye Clements, a niece of decedent, who was made universal legatee under the testament. The opponent is decedent’s brother, Albert G. Gaudin, Sr., who contends that the will bears an uncertain date and thus is null under the provisions of Louisiana Civil Code Article 1588.

This court, for the second time, is called upon to consider the certainty of the date “9/12/55”. Initially the trial court, upon objection by opponent, refused to admit extrinsic…