BATEN v. TAYLOR

No. 63660.

386 So.2d 333 (1979)

Floy Taylor BATEN v. Ruby Mae Baten TAYLOR.

Supreme Court of Louisiana.

October 8, 1979.


Attorney(s) appearing for the Case

Thomas J. Sibley, Beaumont, Tex., Gerald LeVan, Baton Rouge, for defendant-applicant.

Raymond A. Beyt, Beyt & Beyt, Lafayette, for plaintiff-respondent.


DENNIS, Justice.

This case presents the question of whether a testator can make a valid will bequeathing his property to his wife, upon the condition that she survive him for thirty days, or, if the condition is not fulfilled, to his nephews.

The testator's sister unsuccessfully attacked the will in the district court and appealed. The court of appeal reversed, holding that the disposition is null because it conflicts with Civil Code Article 1520, which prohibits...

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