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Opinions in Louisiana that cite Successions of Toney, 226 So. 3d 397.

25 citing documents.

Succession of John Wallace Frabbiele La. 2024
5/3/17), this Court definitively stated a testator’s mere initialing, in print, instead of his signed name on each page “falls short” of the formalities required by Article 1577(1).
Succession of Stephen J. Dibeneditto La. Ct. App. 5th Cir. 2023
5/3/17), (Weimer, J., dissenting); John H. Langbein, Substantial Compliance with the Wills Act, 88 Harv.
In Re: The Succession Of Diana Bartlett Morgan La. 2023
5/3/17), (emphasis added).
Succession of John G. Otillio, IV La. Ct. App. 1st Cir. 2023
5/ 3/ 17), insofar as Toney stood for " the proposition that an aggregate of slight deviations constitute a material deviation regardless of their cumulative effect on the risk of fraud."
Succession of Angerella Simms La. Ct. App. 1st Cir. 2022
513117), which was subsequently overruled by the Supreme Court in Succession of Liner, 2019- 02011 La.
Succession of Clarence Spain . La. Ct. App. 4th Cir. 2022
Succession of Anita Wimmer McKlinski . La. Ct. App. 4th Cir. 2021
Succession Of James Conway Liner, III (Parish of Ouachita) Original D Ecree Vac Ated; C Ourt Of Ap … La. 2021
5/3/17), (Weimer, J., dissenting); John H. Langbein, Substantial Compliance with the Wills Act, 88 Harv.
Succession of Josephine Catalano Gendron C/W Succession of Josephine Catalano Gendron C/W Succession of Josephine Catalago Gendron La. Ct. App. 5th Cir. 2021
Succession of Raymond John Brandt La. Ct. App. 5th Cir. 2021
Succession of Charles R. Westerchil La. Ct. App. 3d Cir. 2020
Succession of John L. Carter, Sr. La. Ct. App. 5th Cir. 2020
5/3/17), where it found that a notarial testament was invalid since it was initialed on the first two pages, not signed with the testator’s name.
Succession of Angerella Simms La. Ct. App. 1st Cir. 2020
5/ 3/ 17), Tony called attention to the following defects of form: the witnesses did not attest to having seen the notary sign the document, the notary made no attestation at all but merely ascribed to the fact that he notarized the document, and the notary did not state that he signed the document in the presence of the
Succession of Peggy Blackwell Bruce La. Ct. App. 3d Cir. 2020
5/3/17), supported the trial court’s ruling that the will’s attestation clause was deficient.
Succession of James Conway Liner, III La. Ct. App. 2d Cir. 2019
5/3/17), In re Succession of Holbrook, 13-1181 (La.
Succession of Michelle Beth Roy Booth and Robert Mark Booth, Sr. La. Ct. App. 3d Cir. 2019
5/3/17), wherein a will was invalidated because the supreme court found that its deviations from the form required by La.Civ.Code art. 1577, which “unambiguously requires the testator to ‘sign his name at the end of the testament and on each other separate page,’” were significant and material.
Succession of Lee Mark Hanna, Jr. La. Ct. App. 2d Cir. 2019
5/3/2017), the trial court found the Will’s attestation clause was deficient.
In re Succession Anderson 264 So. 3d 684 La. Ct. App. 2d Cir. 2019
5/3/17), , a case which tested the limits of what constitutes compliance with the formal requirements of La.
In re Perritt 253 So. 3d 861 La. Ct. App. 2d Cir. 2018
5/3/2017), , 408 ("While extrinsic evidence may be used to resolve ambiguity in a testament, extrinsic evidence cannot cure a testament which is materially defective on its face."); Succession of Henderson, supra at 13 ("Courts may look to extrinsic evidence to clarify ambiguity in a will[.]").
In re Watson 253 So. 3d 867 La. Ct. App. 2d Cir. 2018
5/3/17), , 409 ; Succession of Morgan , 257 La.
In re Pelfrey 248 So. 3d 607 La. Ct. App. 2d Cir. 2018
05/03/17), , 409 ; Succession of Morgan , 257 La.
In re Harlan 250 So. 3d 220 La. 2018
5/3/17), , 401, Civil Code Article 1573"provides in no uncertain terms that '[t]he formalities prescribed for the execution of a testament must be observed or the testament is absolutely null .'
In re Ivey 238 So. 3d 532 La. Ct. App. 1st Cir. 2018
5/3/17), , our supreme court affirmed the lower courts' findings that the attestation clause at issue therein rendered the will absolutely null.
Succession of Elmoses Ivey La. Ct. App. 3d Cir. 2018
5/2/17), our supreme court affirmed the lower courts’ findings that the attestation clause at issue therein rendered the will absolutely null.
In re Rogers 243 So. 3d 1209 La. Ct. App. 2d Cir. 2017
5/3/17), , 2017 WL 1709827 , reh'g denied (June 29, 2017).

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