Dielman v. Reems
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Walter Byers Sommerville, Judge. In the matter of the succession of Emily E. H. Reems. Action hy M. M. Dielman and-others against Philip F. Reems and others. Judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtLand, J.
This is a suit to annul a will in nuncupative form by public act. The district judge held that the will was void as a testament by public act, because it was not written by the notary as it was dictated; that officer, having added a modification to the dispositions as dictated by the testatrix.
The district judge, however, held that the will was valid as a nuncupative testament by private act, under the second paragraph of article 1581 of the Civil Code. His ruling was in accordance with the decisions of this court in the Prendergast Case, 16 La. Ann. 219, TO Am. Dec. 575, which was reaffirmed…
2Cases cited7 opinions
- Wood v. RoaneSupreme Court of Louisiana · 1883
- Pfarr & Kullman v. BelmontSupreme Court of Louisiana · 1887
- Bourke v. WilsonSupreme Court of Louisiana · 1886
- Prendergast v. PrendergastSupreme Court of Louisiana · 1861
- Succession of MoralesSupreme Court of Louisiana · 1861
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3Cited by5 opinions
- Succession of KilpatrickLouisiana Court of Appeal · 1982
- Ducasse's Heirs v. DucasseSupreme Court of Louisiana · 1908
- Succession of BushSupreme Court of Louisiana · 1953
- Condon v. McCormickLouisiana Court of Appeal · 1961
- Succession of GuidrySupreme Court of Louisiana · 1914