Weintz v. Kramer
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. _ 1. When a notarial will is annulled because the notary failed to state the residence of the witnesses after the manner required by the statute, he is liable to the legatee whose legacy fell as a result of said annulment. 2. The sureties on his official bond are responsible in solido with him.
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. _ 1. When a notarial will is annulled because the notary failed to state the residence of the witnesses after the manner required by the statute, he is liable to the legatee whose legacy fell as a result of said annulment. 2. The sureties on his official bond are responsible in solido with him. Rochereau vs. Jones, 29 An. 82; Schmitt vs. Drouet, 42 An. 1084; Dalloz, Vol. 39, p. 349, et seq., Nos. 802-307, 389, et seq., Nos. 424, etseq.; Idem, Vol. 8, pp. 1-26-29. 3.The action by such a legatee is ex contractu. Eox vs.…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The plaintiff was a legatee of the late Frank P. Burger, who bequeathed her two lots of ground, with the improvements, in New Orleans.
Burger’s will was taken in nuncupative form by public act before Peter J. Kramer, Esq., notary public. The will was subsequently attacked by certain of the heirs, and the same was annulled by this court upon the express ground ‘‘ that the notary who executed it failed to state that the attesting witnesses were residents of the parish of Orleans, the place where the same was executed. See 41 An. 1153.
Being…
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