Ducasse's Heirs v. Ducasse

Citations

• 120 La. 731
• 45 So. 565
• 1908 La. LEXIS 560

Syllabus

<p>1. Wills — Execution—Witnesses—Number.</p> <p>An excess in the number of witnesses to a will does no harm.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 49, Wills, § 280.]</p> <p>2. Same — Nuncupative — Statutory Provisions.</p> <p>The express mention which must be made in a nuncupative will by public act of the will having been dictated by the testator and written by the notary as dictated in the presence of the witnesses, and of the residence of the witnesses, is not required to be made in any particular part of the will. If it is made in any part of the will, the law is complied with. The notarial act is an indivisible whole, and the signatures attest it as a whole.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 49, Wills, § 365.]</p> <p>3. Same.</p> <p>Whether the names of the witnesses should not be mentioned in the body of the act — quaere?</p> <p>4. Same.</p> <p>The requirement of presentation in making a nuncupative will under private signature is complied with by a declaration on the part of the testator in the presence of the witnesses that the instrument contains his will.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 49, Wills, § 362.]</p> <p>5. Same.</p> <p>Where, in the presentation form, the testator has heard the will read and has declared it to be his will, the fact that some of the clauses were inserted by the amanuensis of his own motion, without dictation by the testator, is insignificant.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 49, Wills, § 359.]</p> <p>6. Bastards — Illegitimacy — Persons Entitled to Contest Legitimacy.</p> <p>The legitimacy of the children of the wife born during marriage can be contested only by the husband or his heirs, and only in a direct suit brought for that purpose.</p> <p>7. Divorce — Prohibition to Marry — Adultery.</p> <p>Marriage between accomplices in adultery is prohibited only where there has been a divorce.</p> <p>8. Marriage — Validity — Insanity —