Succession of Dorries
Supreme Court of Louisiana
PPEAL from tlie Civil District Court for tlie Parish of Orleans. !JL Tissot, J. - If an examination of tlie "whole "will will show that it was read to the testator in the presence ence of the witnesses, it is immaterial in what words the idea is convoyed. 1 H. S. 73; 3 N. S. 368. It suffices if, from tlie whole instrument, it cnn bo inferred that the witnesses were present. 26 Ann. 338; 12 Ann. 604. When the will states that “the testatrix declared and dictated it to the…
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PPEAL from tlie Civil District Court for tlie Parish of Orleans. !JL Tissot, J. - If an examination of tlie "whole "will will show that it was read to the testator in the presence ence of the witnesses, it is immaterial in what words the idea is convoyed. 1 H. S. 73; 3 N. S. 368. It suffices if, from tlie whole instrument, it cnn bo inferred that the witnesses were present. 26 Ann. 338; 12 Ann. 604. When the will states that “the testatrix declared and dictated it to the notary, and that it was made and signed by her and the witnesses after it was read,” it may be fairly inferred that the…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The will of the deceased, which is in the nuncupative form by public act, is attacked on various grounds, one of which is that it does not contain the formal declaration that it was written by the notary.
We have carefully scanned the instrument and weighed each and every word used in the procés verbal of the notary, whether in the caption or in the closing part, and have failed to find any from which it can be even inferred tiiat the will was written by that officer.
The law, in mandatory terms, imperiously requires that express mention…
2Cited by3 opinions
- Succession of MichieLouisiana Court of Appeal · 1966
- Lewis v. Gretna Trust & Savings BankSupreme Court of Louisiana · 1933
- Fakouri v. CadaisCourt of Appeals for the Fifth Circuit · 1945