Baillio v. Innis's Executors
Supreme Court of Louisiana
Western Dist. AMEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES. This is an action instituted by the legal heirs of Mrs. Ellen Innis, deceased, against her executors, to annul and set aside her last will and testament.
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Western Dist. AMEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES. This is an action instituted by the legal heirs of Mrs. Ellen Innis, deceased, against her executors, to annul and set aside her last will and testament. The plaintiffs allege that the will is null, for want of the essential formalities required by law, because it is not stated that it was dictated by the testatrix ; of its having been read to her in the presence of the notary and witnesses, by whom it was written, and that it does not state all the formalities were gone through without interruption, and turning aside…
1Opinion of the CourtMartin, J.
The plaintiffs, heirs at law of Ellen Innis, deceased,, are-appellants from a judgment of the Court of Probates, which establishes her last will and testament. This instrument, to which the form of a nuncupative will by authentic act was attempted to be given, is admitted to be invalid as such, but it is contended, that it is good as a nuncupative will, under private signature. The principal objection, is, that it was subscribed by four witnesses only, one of whom was the notary. The appellee’s counsel has contended, that three witnesses sufficedand if more be required, they have shown that…
2Cited by3 opinions
- Succession of SullivanSupreme Court of Louisiana · 1933
- Maria v. EdwardsSupreme Court of Louisiana · 1842
- Norton v. ComstockSupreme Court of Louisiana · 1922