Succession of Kennedy

Citations

• 13 Tiess. 239

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss.</p> <p>1. The determination of the amount of bond for a suspensive appeal from a judgment ordering the delivery 'of movable property, non-perishable by nature, is confided to the trial Court under 0. P., 574.</p> <p>2. The fact that in such case the amount fixed is insufficient furnishes no ground for the dismissal of the appeal, the appellee’s remedy being by seasonable and proper application addressed to the trial Court.</p> <p>Syllabus.</p> <p>On The Merits.</p> <p>Tile qualifications of a witness to probate an olographic testament uiider Article Civil Code, 1655 (1648) are those pr>e- ' scribed by Articles Civil Code 2281 (2260 and 2282 (2261) and not by Articles Civil Code 1591 (1584) and 1592 (1585).</p> <p>Therefore a legatee under ah olographic testament is a competent witness to probate it.</p>