Legal Opinion

In re the Succession of Mathews

Louisiana Court of Appeal

Decided June 7, 1989No. 88-CA-842PublishedCited by 1 opinion

1Opinion of the Court

GAUDIN, Judge.

A mystic will is not rendered invalid if opened by an attorney in his office in the presence of all heirs instead of being presented to the probate judge in a sealed, unopened envelope. A district judge in the 24th Judicial District so held and we affirm.

Morris Mathews died on June 5, 1985 leaving a mystic will in a sealed envelope. The procedure for probating a mystic will is contained in LSA-C.C.P. art. 2885, which states in subsection (A) that the witnesses listed on the sealed envelope shall testify:(1) that they recognize the sealed envelope present to them to be the same…

2Cases cited1 opinion

  1. Succession of FertelSupreme Court of Louisiana · 1946

3Cited by1 opinion

  1. In re the Succession of MatthewsSupreme Court of Louisiana · 1989

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