Succession of Armant
Supreme Court of Louisiana
APPEAL from the District Gourt for the Parish of St. James. Duffel, J,; The signature of the testator to an olographic will need not be at the foot of it; it may be at the top, or in the body of the instrument. Lemoyne vs. Stanley, 3 Leving; Wright vs. Wright, 7 Bing. R. 457; White vs. Trustees British Museum, 6 Bing. 316; Sarah Mill’s case, 4 Dana, 1; Elizabeth Selden vs. J. Ooalter, 21st Vert, 264; Adams vs. Field, executor, 2 Va.
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APPEAL from the District Gourt for the Parish of St. James. Duffel, J,; The signature of the testator to an olographic will need not be at the foot of it; it may be at the top, or in the body of the instrument. Lemoyne vs. Stanley, 3 Leving; Wright vs. Wright, 7 Bing. R. 457; White vs. Trustees British Museum, 6 Bing. 316; Sarah Mill’s case, 4 Dana, 1; Elizabeth Selden vs. J. Ooalter, 21st Vert, 264; Adams vs. Field, executor, 2 Va. Cases,«553; Dalloz, Ho. 2729; Pasicri-Sie, 1863, 2, 333. The order of formalities prescribed in article 1588 of the Code is sacramental. 2 an 273, Succession of…
1Opinion of the Court
The opinion oi the court was delivered by
Fenner, J.
“Testament; d’Aglae Armant.” Such is the caption appearing at the beginning of an olographic writing containing testamentary depositions and offered for probate as a will, but without any signature at the end; and the question is, does this caption import such a signature as is required to an olographic testament? Before the adoption of the Napoleon Code an ordinance of Louis XV provided that olographic testaments should be “entirely written," dated and signed in the handwriting of him or her making them.”
Under this provision the…
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