SUCCESSION OF GRESHAM

No. CA 5770.

506 So.2d 156 (1987)

SUCCESSION OF Charles Reed GRESHAM.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 20, 1987.


Attorney(s) appearing for the Case

Stuart A. McClendon, McClendon & Denkman, Metairie, for Claire S. Hartzell, appellant.

Stanley McDermott, Jr., Stephen P. Schott, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, for Wood Brown, III as dative testamentary executor for the succession of Charles Reed Gresham, appellee.

Before GULOTTA, KLEES, CIACCIO, WARD and ARMSTRONG, JJ.


CIACCIO, Judge.

In this case we are called upon to determine the validity of a Louisiana statutory will which requires that the will must be executed before a notary and two witnesses. One of the required witnesses to this will was the sole legatee, wife of the testator. At the time the will was executed, the Statute did not declare any person incapable of being a witness, and the issue is whether those persons who were declared incapable of being witnesses to testaments...

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