No. 52616 Precedential Processed

Succession of Martel

Louisiana Supreme Court · Filed June 30, 1972 · 263 So. 2d 729

Cited by

Succession of Henderson 191 So. 3d 9 La. Ct. App. 2d Cir. 2016
Succession of Flowers 532 So. 2d 470 La. Ct. App. 1st Cir. 1988
Succession of Kearl 440 So. 2d 179 La. Ct. App. 1st Cir. 1983
Succession of Montegut 430 So. 2d 1024 La. Ct. App. 5th Cir. 1983

Opinion text

BARHAM, J., is of the opinion the writ should be granted. There is no simultaneous death under our law for dispositions mortis causa. Presumptions of law require that in every event the husband or the wife predeceases the other. The substitution of the executor in case the husband predeceased his wife; the testatrix, at least makes the testament ambiguous. In such a case we should look to intent and are required to construe for testacy. This testament can be construed to have validity. We should at least remand for extrinsic evidence of testamentary intent.