Legal Opinion · Dissent

Succession of Gresham

Louisiana Court of Appeal

Decided April 9, 1987No. CA 5770Published

1DissentWard, Judge

I have reviewed this case, as we must, with a conscious bias toward upholding the testament of Charles Gresham. Lebleu v. Manning, 225 La. 1087, 74 So.2d 384 (1954). Nonetheless, I disagree with the majority’s conclusion that the will is valid; the will is invalid because it was witnessed by the sole legatee, a person disqualified as a witness by Civil Code Article 1592. The Statutory Wills Act, its legislative history, and the jurisprudence all indicate that from the date of its enactment the Statutory Wills Act was intended to be read with the provisions of the Civil Code, and where…

2Cases cited4 opinions

  1. Evans v. EvansSupreme Court of Louisiana · 1982
  2. Lebleu v. ManningSupreme Court of Louisiana · 1954
  3. Succession of MelanconLouisiana Court of Appeal · 1976
  4. Succession of HackettLouisiana Court of Appeal · 1966

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API