Legal Opinion

Starrs v. Mason

Supreme Court of Louisiana

Decided January 15, 1880No. 7425PublishedCited by 6 opinions

j^PPEAL from the Second District Court, parish of Orleans. Tissot, Ed. Phillips, for plaintiff and appellee, contended : First — That the will was not valid, because it was not dictated to the notary in the words contained therein. Second — That words and dispositions are contained in the instrument which were not dictated or used by the testatrix or by any one present. Third — That the will was not written as dictated.

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j^PPEAL from the Second District Court, parish of Orleans. Tissot, Ed. Phillips, for plaintiff and appellee, contended : First — That the will was not valid, because it was not dictated to the notary in the words contained therein. Second — That words and dispositions are contained in the instrument which were not dictated or used by the testatrix or by any one present. Third — That the will was not written as dictated. Fourth — That the will was not dictated at all by the testatrix. That it was merely copied from a former will. Fifth — That the testatrix made no declaration whatever after…

1Opinion of the Court

The opinion of the court was delivered by

DeBlanc, J.

The plaintiff — a niece of the late Hannah Johnson— brought this suit to annul the nuncupative testament which, on the 24th of June 1873, the deceased made by public act, passed before a notary of this city. Her action is based on three grounds :

1st. That — at the date the testament was made — Mrs. Johnson was an imbecile, and — in disposing of her estate as she did — was prompted by improper influences.

2d. That the original act by which her will is evidenced, contains interlineations, pencil-marks and additions which are not on the copy…

2Cited by6 opinions

  1. Rostrup v. Succession of SpicerSupreme Court of Louisiana · 1936
  2. Succession of NelsonSupreme Court of Louisiana · 1927
  3. Renfrow v. McCainSupreme Court of Louisiana · 1936
  4. Succession of SchlumbrechtSupreme Court of Louisiana · 1915
  5. Succession of PrejeanSupreme Court of Louisiana · 1954

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