Prudhomme v. Savant
Supreme Court of Louisiana
Appeal from Sixteenth Judicial District Court, Parish of Evangeline; B. II. l’avy, Judge. Suit by Mrs. Marie Alma Prudhomme and others against Mrs. Emily Savant to have declared null and void an instrument purporting to be a nuncupative will. Judgment for plaintiffs and the defendant appeals.
1Opinion of the CourtMonroe, C. J.
Plaintiffs sue to have declared null and void an instrument purporting to be the nuncupative will, by public act, of Angelas 0. Prudhomme (of whom they are the legal heirs), upon the ground that, save the signatures, the instrument is “typewritten,” instead of being in the handwriting of the notary by whom it was executed; it being admitted that the typewriting machine was operated by the notary. The question to be decided is concisely stated by defendant’s counsel as follows:
“Under the article in question [article 1578 of the Civil Code] we readily concede that no one else but the notary…
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