Legal Opinion · Dissent

Succession of Roussel

Louisiana Court of Appeal

Decided December 7, 1978No. 9601Published

1DissentSchott, Judge

I would prefer to reach the result my colleagues have in this case because to do otherwise is to declare the will invalid because of a highly technical defect in its confection. Nonetheless the jurisprudence is to the effect that unless the technical requirements for the confection of a nuncu-pative will under private signature as set forth in C.C. Art. 1581 are complied with the testament is invalid. Soileau v. Ortego, 189 La. 713, 180 So. 496 (1938).

Art. 1594 declares without equivocation that the phrase “residing in the place where the will is received” in Art. 1581 is to be understood as…

2Cases cited2 opinions

  1. Soileau v. OrtegoSupreme Court of Louisiana · 1938
  2. Succession of Purdy v. KlockSupreme Court of Louisiana · 1934

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