GILBERT v. HEINTZ

No. 42579.

91 So.2d 784 (1956)

231 La. 535

Alma S. HEINTZ, Wife of Fred GILBERT v. Jared Y. HEINTZ.

Supreme Court of Louisiana.

December 10, 1956.


Attorney(s) appearing for the Case

Fred J. Heintz, Covington, Benj. W. Miller, Bogalusa, for plaintiff and appellant.

McDougall & Rodrigue, Julian J. Rodrigue, Covington, for defendant-appellee.


MOISE, Justice.

The issue here is the validity of a nuncupative will by public act. The parties litigant are sister and brother. The will is that of their mother, Mrs. Lydia Cooper Heintz. The ground asserted for nullity is that the formalities provided by Article 1578, of the LSA-Civil Code, were not complied with at the time of the confection of the will. The question for decision is, therefore, one of fact. From an adverse judgment the plaintiff has appealed.<...

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