Opinion
No. 92-1001.
June 2, 1993.
APPEAL FROM NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, STATE OF LOUISIANA, HONORABLE WILLIAM P. POLK, J.
Ann Elizabeth Lowrey, Alexandria, for plaintiff-appellee Succession of Mary R. Edwards.
David A. Sheffield, Alexandria, for plaintiff-appellant Ollinee Edwards.
Before DOMENGEAUX, C.J., and YELVERTON and SAUNDERS, JJ.
Ollinee Edwards appeals the judgment of the trial court upholding the validity of his deceased mother's last will and testament. Edwards contends the attestation clause contained therein does not comply with the requirements of La.r.S. 9:2442 B. We affirm.
The attestation clause at issue is reproduced as follows:
IN WITNESS WHEREOF, I, MARY ROSEAN EDWARDS, have subscribed my hand to this, my LAST WILL AND TESTAMENT, consisting of three (3) typewritten pages, in the presence of the attesting witnesses, who were present at my request at Alexandria, Louisiana, this 27 day of January, 1992.
___________________________________ (SEAL) MARY ROSEAN EDWARDS
A F F I D A V I T
This instrument, consisting of three (3) typewritten pages, including this page, was signed on each page and declared by Testatrix above named in our presence to be her LAST WILL AND TESTAMENT, and in the presence of the Testatrix, and each other, we hereunto subscribed our names on this 27 day ofJanuary, 1992, at Alexandria, Rapides Parish, Louisiana.
WITNESSES ADDRESSES:
__________________________ 3712 ROYCE DR. KEITH B. MARTIN 357568974 ---------------------------- ALEXANDRIA, LA 71303 ---------------------------- __________________________ 813 LAKESHORE DR. TERRIE D. LITMIN ---------------------------- PINEVILLE, LA. 71360 ---------------------------- __________________________ 124 NAVAJO PL. JAMES E. LAMKIN ---------------------------- PINEVILLE, LA. 71360 ----------------------------
_______________________________ NOTARY PUBLIC STATE OF LOUISIANA PARISH OF RAPIDES My Commission is for Life
Appellant argues that the "split" declarations made by the testator and the witnesses and notary invalidate the will for the following reasons: (1) the testator did not attest to the fact that the notary witnessed her signature, (2) the witnesses did not sign the testator's attestation clause, and (3) the testator did not sign the attestation clause executed by the witnesses and notary.
La.R.S. 9:2442 B provides for the proper form of a statutory will. A valid statutory will does not require any of the factors characterized by appellant as deficiencies in this will. The testator need not sign the declarations attested to by the witnesses and notary, nor must the witnesses and notary sign the declarations attested to by the testator. There is also no requirement that the testator attest to the fact that the notary witnessed her signature. Further, it is well settled in Louisiana jurisprudence that a "split" attestation clause can be valid if it complies with the requirements of La.R.S. 9:2442. See Succession of Eck, 233 La. 764, 98 So.2d 181 (La. 1957) and Succession of Guezuraga, 512 So.2d 366 (La. 1987).
For the foregoing reasons, we affirm the finding of the trial court that the last will and testament of Mary R. Edwards, dated January 27, 1992, is in substantial compliance with the requirements of La.R.S. 9:2442 and is therefore valid. Costs of this appeal are assessed to appellant.
AFFIRMED.