Succession of Breaux

The plaintiff has appealed from a judgment dismissing his suit on an exception of no cause or right of action. It is a suit to annul an ex parte judgment pro bating an olographic will. The allegations of tlie plaintiff’s petition disclose that be is not an heir of the deceased. He claims to be a spee'al and residuary legatee under a previous will, in nuncupative form and by authentic act. He presented the nuncupative will with his petition for the annulment of the olographic will, and asked for probate of the nuncupative will. But he virtually made the olographic will also a part of his…