Cited by

Opinions in Louisiana that cite Cormier v. Myers, 65 So. 2d 345.

22 citing documents.

Succession of Dowling 633 So. 2d 846 La. Ct. App. 4th Cir. 1994
(1953) the Court stated: "While our law (Article 1492,[LSA-] C.C.)
Succession of Landry 545 So. 2d 1107 La. Ct. App. 1st Cir. 1989
Succession of Hamiter 519 So. 2d 341 La. Ct. App. 2d Cir. 1988
(1953), our supreme court, which included Justice Hamiter, adopted as its opinion the written reasons of the trial judge which included the following observation: While our law (Article 1492, [LSA-] C.C.)
Succession of Bacot 502 So. 2d 1118 La. Ct. App. 4th Cir. 1987
Succession of Orlando 419 So. 2d 559 La. Ct. App. 1st Cir. 1982
(1953) “The degree of proof required to overcome the presumption of testamentary capacity is similar to that required to rebut the presumption of innocence which the law creates in favor of the accused in criminal cases.” (La.App.
Succession of Dunbar 375 So. 2d 148 La. Ct. App. 2d Cir. 1979
Succession of Kelly 305 So. 2d 704 La. Ct. App. 2d Cir. 1974
While testamentary capacity is always presumed, the party attacking the will may prove by satisfactory and convincing evidence that the testator was not of a , (1953); Artigue v. Artigue, 210 La.
Guidry v. Hardy 254 So. 2d 675 La. Ct. App. 3d Cir. 1972
Succession of Brown 251 So. 2d 465 La. Ct. App. 1st Cir. 1971
Stewart v. Branch 250 So. 2d 474 La. Ct. App. 1st Cir. 1971
Coleman v. Winsey 183 So. 2d 118 La. Ct. App. 1st Cir. 1965
Succession of Franks 168 So. 2d 446 La. Ct. App. 1st Cir. 1964
*448 259 , , in support of the above stated contention, namely, mental incompetence.
Distinguished Miles v. Broussard 166 So. 2d 34 La. Ct. App. 3d Cir. 1964
Succession of Turner 157 So. 2d 740 La. Ct. App. 1st Cir. 1963
(1953); Succession of Vicknair, La.App., (4th Cir.1961), and is always presumed until the contrary is affirmatively established by satisfactory and convincing evidence.
Succession of Andrews 153 So. 2d 470 La. Ct. App. 4th Cir. 1963
not for the purpose of invalidating the will because of undue influence for that would contravene the provisions of LSA-C.C.
Succession of Willis 150 So. 2d 589 La. 1963
Succession of Vicknair, La.App., , and Succession of Fisher, 235 La.
Succession of Willis 149 So. 2d 218 La. Ct. App. 2d Cir. 1963
cle in question reprobates only doctors and ministers by its express terms, the courts have extended the prohibition to all those who professionally attend the sick during their last illness, for the reason that "public policy" forbids such persons from being recipients of donations mortis causa, , (1953); Succession of Vicknair (La.App.
Succession of Herson 127 So. 2d 61 La. Ct. App. 1st Cir. 1961
Succession of Vicknair 126 So. 2d 680 La. Ct. App. 4th Cir. 1961
as authority for his judgment.
Succession of Fisher 103 So. 2d 276 La. 1958
Cormier v. Myers, 1953, , .
Succession of Franz 94 So. 2d 270 La. 1957
which is to the effect that though duress, force or undue influence are not grounds for declaring a will void unless they are present at the making of the will, evidence thereof nevertheless is admissible to show testamentary incapacity and mental weakness.
Succession of Roth 94 So. 2d 270 La. 1957
This was done in line with the decision of this Court in the case of Cor *339 , , which, is to the effect that though duress, force or undue influence are not grounds for declaring a will void unless they are present at the making of the will, evidence thereof nevertheless is admissible to show testamentary incapacity and mental weakness.