McCullough v. Bridges

As correctly noted in the majority opinion, a date for a will is unnecessary, unless the pertinent statute requires it. The majority, however, erroneously concludes that the Louisiana Statutory Will requires no date. The error, in my opinion, results from looking primarily to the common law for guidance, without noting that no attestation clause at all is required in the common law. See Atkinson on Wills (2d ed.) § 73, p. 346. When, as here, the Legislature has expressed its will in a statute, the proper approach to any question concerning its subject matter is to look first to the statute.…