Hill v. Joseffy

NORVELL, Justice.

I respectfully dissent from the majority opinion which holds that the effect of the birth of the two children after the execution of the will by Rafael Joseffy was to revoke the will in toto, subject only to the contingency that the will would become effective if the children should die before reaching the age of twenty-one years. The Supreme Court has determined that the purpose of Article 8293 is to protect the rights of children born after a will is executed. This objective is attained by regarding the will as ineffective to destroy the rights such children have under the…