(Download) "Schultz v. Doyle" by Supreme Court Of Louisiana # Book PDF Kindle ePub Free
eBook details
- Title: Schultz v. Doyle
- Author : Supreme Court Of Louisiana
- Release Date : January 17, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
COX, Justice. These are two appeals by Susan Walter (1) from a decree of the Probate Court allowing the will of Alice V. M. Judd, late of Boston, by the terms of which decree, however, the first and second bequests therein contained were disallowed, and (2) from the denial of her motion for additional findings of fact. The decree allowing the will recites, among other things, that it appears that the first and second bequests in said instrument were revoked by obliteration by the testatrix after execution of said instrument, that said bequests were so erased and marked out by the testatrix as not to be capable of interpretation at the time the said instrument was offered for probate, and said first and second bequests are disallowed, and that said instrument in all other respects be approved and allowed as the last will and testament of said deceased. The probate Judge filed a voluntary report of material facts which recites that the testatrix died on March 7, 1937, leaving as her heirs at law and next of kin Mary J. Sheerin, a sister, and Edward J. McCormick, a brother; that It was agreed by all parties that the obliterations and interlineations were made by the testatrix after the will had been executed. The testatrix intended to cancel the first and second bequests in her will and to that end erased and crossed out certain substantial and necessary portions of each bequest by the use of an eraser and ink. The testatrix then inserted certain interlineations in both bequests. There was no republication or reexecution of the will at any time. There was no codicil. A photostatic copy of the will is incorporated in the report by reference, and is attached to the record.
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