Succession of Roth

McCALEB, Justice.

Following the death of Mrs. Katie Roth Franz on October 22, 1953, the rival claimants to her succession caused it to be opened in the Civil District Court for the Parish of Orleans and presented for probate two wills purportedly executed by the decedent. The first of these was a nuncupative will by public act executed on October 22, 1947, which was offered for probate by the late August H. Grimaldi, Sr., a legatee under the will. 1 The .other was an olographic will, dated March 17, 1948, which appellee, Mark J. Falgoust, sought to have probated. Simultaneously appellants,…