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Succession of Martel

263 So. 2d 729, 262 La. 472, 1972 La. LEXIS 5065
CourtSupreme Court of Louisiana
DecidedJune 30, 1972
DocketNo. 52616
StatusPublished
Cited by2 cases

This text of 263 So. 2d 729 (Succession of Martel) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Succession of Martel, 263 So. 2d 729, 262 La. 472, 1972 La. LEXIS 5065 (La. 1972).

Opinion

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.

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Related

Succession of Henderson
191 So. 3d 9 (Louisiana Court of Appeal, 2016)
Succession of Flowers
532 So. 2d 470 (Louisiana Court of Appeal, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
263 So. 2d 729, 262 La. 472, 1972 La. LEXIS 5065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-martel-la-1972.