Legal Opinion

Succession of Bey

Supreme Court of Louisiana

Decided April 15, 1894No. 11,390PublishedCited by 15 opinions

PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. ‘ ‘ Where general insanity, even with some intervals, is shown, the burden of showing that the particular act in dispute was made during such an interval is thrown on the party who supports the validity of the act or contract.” C. C., Art. 1788, Sec. 9. “ A lucid interval under the civil law is not an apparent tranquillity or a seeming repose.

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PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. ‘ ‘ Where general insanity, even with some intervals, is shown, the burden of showing that the particular act in dispute was made during such an interval is thrown on the party who supports the validity of the act or contract.” C. C., Art. 1788, Sec. 9. “ A lucid interval under the civil law is not an apparent tranquillity or a seeming repose. It is not a simple diminution or a remission of the disease, but a temporary cure.” Aubert vs. Aubert, 6 An. 108. The law recognizes two classes of insane persons — one called…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

The legal and presumptive heirs of the deceased •resist the probate of her last will on the ground that she was insane at the time of its execution and incapable of making a legal and valid testament.

The introduction of evidence took a wide range, and at the trial there was judgment in favor of opponents, annulling the will, as *778having been made by an insane person; and it decreed that, “by reason of her insanity,” the testatrix died intestate.

The testamentary executor propounded the will for probate, and had an inventory taken, but the…

2Cases cited1 opinion

  1. Clark v. FisherNew York Court of Chancery · 1828

3Cited by15 opinions

  1. McCarty v. TrichelSupreme Court of Louisiana · 1950
  2. Succession of LambertSupreme Court of Louisiana · 1936
  3. Wilkinson v. ServiceIllinois Supreme Court · 1911
  4. Succession of MoodySupreme Court of Louisiana · 1955
  5. Succession of BradfordLouisiana Court of Appeal · 1961

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