Legal Opinion

Ratliff v. Ratliff

Supreme Court of Louisiana

Decided March 15, 1852PublishedCited by 4 opinions

APPEAL from the District Court of West Feliciana, Stirling, J. The only questions ne.cessary to be discussed, relate to the validity of the nuncupative will, under private signature, made by Rvfffin B. Ratliff, deceased.

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APPEAL from the District Court of West Feliciana, Stirling, J. The only questions ne.cessary to be discussed, relate to the validity of the nuncupative will, under private signature, made by Rvfffin B. Ratliff, deceased. The will was made in the country and attested by three witnesses, residents of the parish, The Code, art. 1576, requires only three witnesses to such testaments, where the will is made in the country, and the witnesses are residents of the parish, and the provision requiring a greater number of witnesses, if they can be had, applies only when the witnesses are non-residents.…

1Opinion of the Court

The judgment of the court was pronounced by

Rost, J.

The plaintiff, as tutrix of her minor children, who in right of their father, are the heirs at law of Ruffin B. Ratliff, seeks to annul a wilfmade by *118him in favoi- of the defendant, on the ground that it is a nonoupative will under private signature, and is only signed by three witnesses, although a greater number might conveniently have been procured. The district judge being of opinion that the plaintiff had made out his allegations, annulled the will, and the defendant has appealed.

This case comes clearly within the principle of the…

2Cited by4 opinions

  1. Succession of SullivanSupreme Court of Louisiana · 1933
  2. United States v. PerkinsU.S. Circuit Court for the District of Louisiana · 1891
  3. Norton v. ComstockSupreme Court of Louisiana · 1922
  4. Fontenot v. BaileyLouisiana Court of Appeal · 1925

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