Succession of Gresham

CIACCIO, Judge.

In this case we are called upon to determine the validity of a Louisiana statutory will which requires that the will must be executed before a notary and two witnesses. One of the required witnesses to this will was the sole legatee, wife of the testator. At the time the will was executed, the Statute did not declare any person incapable of being a witness, and the issue is whether those persons who were declared incapable of being witnesses to testaments authorized by the Civil Code were incapable of witnessing a statutory will.

On July 28, 1955, Charles Reed Gresham executed a…