Supreme Court of Louisiana, 1978

Lee v. Kincaid

Supreme Court of Louisiana · Decided June 9, 1978 · Grant, Marcus, Sanders, Summers, Tate, Writ

360 So. 2d 198; 1978 La. LEXIS 7692 (Southern Reporter, Second Series)

Opinion of the Court

In re: Doris Armstrong Kincaid applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Franklin. 359 So.2d 232.

Writ denied.

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

Concurring Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.