Succession of Dauterive
Supreme Court of Louisiana
APPEAL from the Twenty-fourth District Court, Parish of St. Bernard. Imcmdais, J. 1. The irTegular or incomplete fulfillment of a formality required by law for the last will and testament, carries with it the nullity of the will in its entirety.
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APPEAL from the Twenty-fourth District Court, Parish of St. Bernard. Imcmdais, J. 1. The irTegular or incomplete fulfillment of a formality required by law for the last will and testament, carries with it the nullity of the will in its entirety. O. 0.1581, 1582, 1583, 1595; Durauton,- Nos. 21 and 71; 3 Troplong, Dan., No. 1741; 5 L. 396 ; 5 Zacharim, * ■ § 663; 21 Demolombe, No. 22; 16 Ann. 220 ; 5 Toullier, No. 410, 11 Ann. 679. 2. He who understands not the language of the testatoi is not a competent witness to his nuncupative will. 11 Ann. 679, 8 Merlin, quest,, verbo testament xvii, art.…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an appeal from a decree orderiug the execution of the will of the deceased as being in the nuncupative form, under private signature.
The objections urged against its validity are : That it was executed in presence of three witnesses in the country, where more could have *1094been obtained, and that one of those witnesses neither understood nor spoke the French language, in which the will was framed.
It is unnecessary to pass upou the first objection.
As to the second, it is fatal to the validity of the will.
The evidence conclusively…
2Cited by11 opinions
- Succession of RousselSupreme Court of Louisiana · 1979
- Soileau v. OrtegoSupreme Court of Louisiana · 1938
- Succession of DauzatLouisiana Court of Appeal · 1968
- Lataprie v. BaudotSupreme Court of Louisiana · 1922
- Succession of CentanniLouisiana Court of Appeal · 1962
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