Lee v. Kincaid, 62315

62315 | La. | Jun 9, 1978

360 So. 2d 198" date_filed="1978-06-09" court="La." case_name="Lee v. Kincaid">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.