Norton v. Comstock
Supreme Court of Louisiana
Appeal from Twenty-Sixth Judicial District Court, Parish of St. Tammany; Prentiss B. Carter, Judge. Suit by Henry J. Norton and Others! against John B. Comstock, testamentary executor, and others. From a judgment. annulling a nuncupative will, defendants appeal.
1Opinion of the CourtO’Niell, J.
Defendants have appealed from a judgment annulling a nuncupative will. Although the testament was made in the presence of a notary public, and signed by him, the formalities required for a nuncupative testament by public act were not complied with. It is therefore conceded by the executor and the legatees that the instrument is not valid as a nuncupative testament by public act. They contend that the instrument is valid as a nuncupative testament under private signature. It was decreed invalid in that form because it was made in the presence of only three witnesses besides the notary public.
Ar…
2Cases cited7 opinions
- Falkner v. FriendSupreme Court of Louisiana · 1841
- Ratliff v. RatliffSupreme Court of Louisiana · 1852
- Baillio v. Innis's ExecutorsSupreme Court of Louisiana · 1838
- Maria v. EdwardsSupreme Court of Louisiana · 1842
- Fuqua v. DawsonSupreme Court of Louisiana · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Succession of RousselSupreme Court of Louisiana · 1979
- Soileau v. OrtegoSupreme Court of Louisiana · 1938
- Succession of SullivanSupreme Court of Louisiana · 1933