Succession of Gaudin

.HERGET, Judge

(dissenting).

Joseph J. Gaudin died on February 12, 1956 leaving an instrument' purported to be an olographic will dated “9/12/55”. The proponent of the will is Miss Bobbye Clements, a niece of decedent, who was made universal legatee under the testament; opponent- is decedent’s brother, Albert G. Gaudin, Sr., who contends that the will is not dated as required by LSA-C.C. Article 1588, and thus is without legal force and effect.

This Court, for the second time, is called upon to consider the certainty of the date of the olographic will left by Joseph J. Gaudin. Initially the…