Gilbert v. Heintz

MOISE, Justice.

The issue here is the validity of a nuncupative will by public act. The parties litigant are sister and brother. The will is that of their mother, Mrs. Lydia Cooper Heintz. The ground asserted for nullity is that the formalities provided by Article 1578, of the LSA-Civil Code, were not complied with at the time of the confection of the will. The question for decision is, therefore, one of fact. From an adverse judgment the plaintiff has appealed.

On October 29, 1951, in her home located in St. Tammany Parish, Mrs. Lydia Cooper Heintz dictated her last will and testament in the…