Succession of Vidal
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of- Orleans. Bightor, J. _ 1. The supposed nuncupative will by public act in controversy is void because there is not therein “ any express mention that the will was received,” by the notary, “ or was dictated by the testator orwritten by the notary, in the presence of the witnesses.” C. C., Art. 1878. These defects are fatal under Art. 1593, as has been expressly held in a case entirely parallel.
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APPEAL from the Civil District Court for the Parish of- Orleans. Bightor, J. _ 1. The supposed nuncupative will by public act in controversy is void because there is not therein “ any express mention that the will was received,” by the notary, “ or was dictated by the testator orwritten by the notary, in the presence of the witnesses.” C. C., Art. 1878. These defects are fatal under Art. 1593, as has been expressly held in a case entirely parallel. Duval vs. Palms, 20 An. 203; Weick vs. Heine, 41 An. 1155; Succession of Vollmer, 40 An. 597, and numerous cases therein cited. The <. ase of the…
1Opinion of the Court
The opinion oí the court was delivered by
Fenner, J.
After the death of Rosa Vidal, one Francisco Bilbenny, her cousin, presented to the court a notarial document, purporting to be the testament of deceased by public nuncupative act, by which he was constituted her universal legatee, and alleging that he was also her heir-at-law, prayed that the will be probated and *43ordered for execution; that an inventory be taken, and that he be appointed and qualified as testamentary executor.
The will was accordingly probated; Francisco Bilbenny was appointed and qualified as executor, and an inventory was…
2Cited by5 opinions
- Succession of NourseSupreme Court of Louisiana · 1958
- In re Poland's EstateSupreme Court of Louisiana · 1915
- Succession of BechtelLouisiana Court of Appeal · 1958
- Succession of FitzhughSupreme Court of Louisiana · 1930
- Fakouri v. CadaisCourt of Appeals for the Fifth Circuit · 1945