Monroe v. Liebman

The opinion of the court was delivered by

McEnery, J.

This is a suit brought by the collateral heirs of D. Monroe, deceased, against the administrator and heirs of his uni*156versal legatee, to annul and set aside his last will and testament in nuncupative form by public act, on the following grounds:

1. Because John N. Hicks was not, at the date of the execution of said act, a notary public, and had no capacity to perform the functions of such officer.

2. Because no express mention is made in said act that said pretended testament was received by the notary in the presence of three witnesses…