Succession of Cauvien
Supreme Court of Louisiana
APPEAL from the Twenty-first District Oourt, Parish of Jefferson Rost, J. The will is the repository of the deliberate intentions of the testator. The cardinal rule for the interpretation of wills is to ascertain the intention of the testator and to give effect to it when ascertained. Succession of Burnside, 35 An. 708, 715. It is the identity of thought and not of words that the law requires. Starr vs. Mason, 32 An. 9; Gidden vs. Ex.
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APPEAL from the Twenty-first District Oourt, Parish of Jefferson Rost, J. The will is the repository of the deliberate intentions of the testator. The cardinal rule for the interpretation of wills is to ascertain the intention of the testator and to give effect to it when ascertained. Succession of Burnside, 35 An. 708, 715. It is the identity of thought and not of words that the law requires. Starr vs. Mason, 32 An. 9; Gidden vs. Ex. Burke, 35 An. 179. The act of the notary receiving the will in presence of witnesses is an authentic act, and it makes full proof of what is contained in it.…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This suit has for object the annulment of the will of the decedent, Mrs. DeGruy, upon the following grounds, to-wit:
1. That one of the witnesses to the testament, Mr. Wilbrug Huguet, did not hear the dictation of the testatrix because of the indistinctness of her articulation when speaking to the notary.
2. That another of the witnesses, James Rostrup, was totally ignorant of the French language, in which the testatrix partially dictated same.
3. That, as the testatrix partially dictated the testament in the French language, which the notary…
2Cited by10 opinions
- American Bank & Trust Co. v. Carson Homes, Inc.Supreme Court of Louisiana · 1975
- Rostrup v. Succession of SpicerSupreme Court of Louisiana · 1936
- Succession of VicknairLouisiana Court of Appeal · 1961
- Bernard v. FrancezSupreme Court of Louisiana · 1928
- Renfrow v. McCainSupreme Court of Louisiana · 1936
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