Succession of Crouzeilles

Citations

• 106 La. 442

Syllabus

<p>Syllabus.</p> <p>1. Though a person execute a last will and testament during an attack of delirium tremens, it will be maintained, if executed during a lucid interval.</p> <p>2. Where a notary public in writing a last will, understanding the name as given to him by the testator to be “Grouzeilles,” instead of “Crouzeilles,” so writes the name by mistake throughout the instrument, and the testator merely affixes his mark as his signature, evidence is admissible to prove said mistake, and on proof of said mistake and of the fact that the party making the will was really Francois Crouzeilles, the will will be maintained. The mistake was, besides, evidently the result of idem sonans.</p> <p>3. When the recitals made in the will are of character such as to leave no doubt in the mind of the court that the testator did make to the notary, in presence of the witnesses, the declaration required to be by him made, by Article 1579 of the Civil Code, the will will be maintained. It is not the duty of courts to refuse carrying out the wishes of deceased parties by pushing the requirements of the law to extremes.</p> <p>4. Parties claiming to be heirs of a deceased person and to be placed in possession of his estate, must prove their heirship. (C. P. 1903; Solar! vs. Barras, 45 Ann. 1132.)</p>