In re Billis' Will

Citations

• 122 La. 539
• 47 So. 884
• 1908 La. LEXIS 496

Syllabus

<p>1. Wills (§ 96*) — Letter Con stitutin g.</p> <p>A letter written, dated, and signed by the .author, may serve as a last will, where it contains testamentary language indicating that it was so intended.</p> <p>[Ed. Note. — For other cases, see Wills, Cent. Dig. § 229; Dec. Dig. § 96.*]</p> <p>2. Perpetuities (§ 4*) — Fidei Commissum— Presumptions.</p> <p>The law presumes that a testator intends a lawful rather than an unlawful disposition of his property, and though such presumption, may be rebutted, and the creation by last will of a fidei commissum may be proved by presumptions arising from circumstances dehors the instrument, such presumptions must be grave, precise, and consistent, and must leave no reasonable basis for a different conclusion.</p> <p>[Ed. Note. — For other cases, see Perpetuities, Cent. Dig. | 38; Dee. Dig. § 4;* Trusts, Cent. Dig. §§ 3, 4.]</p> <p>3. Perpetuities (§ 4*) — Fidei Commissum.</p> <p>Where, in sufficiently explicit terms, the person named as universal legatee is bequeathed the entire estate of the testator, the expressions or instructions, “Now, do as I told you, at the station, when you left,” and “Do for my children as I have said” (referring to certain illegitimate children), are too vague and uncertain to impose any charge on the legatee, and do not create a fidei commissum in favor of the children.</p> <p>[Ed. Note. — For other cases, see Perpetuities, Cent. Dig. § 38; Dec. Dig. § 4 ;* Trusts, Cent. 'Dig. §§ 3, 4.]</p> <p>(Syllabus by the Court.)</p>