Supreme Court of Louisiana, 1978

Lee v. Kincaid

Lee v. Kincaid
Supreme Court of Louisiana · Decided June 9, 1978 · Sanders
360 So. 2d 198 (Southern Reporter, Second Series)

Lee v. Kincaid

Opinion

360 So.2d 198 (1978)

S. E. LEE, Jr.
v.
Doris Armstrong KINCAID et al.

No. 62315.

Supreme Court of Louisiana.

June 9, 1978.

Writ denied.

SANDERS, C. J., SUMMERS and MARCUS, JJ., would grant the writ.

TATE, J., concurs. The incapacity of a witness under C.C. art. 1592 (when the witness renounces the legacy before the will is probated) is not such a formality as will make the testatment null and void, C.C. art. 1593, such as is the competency of a witness under C.C. arts. 1578, 1581, 1591.

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