FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
42, 935 HONORABLE THOMAS YEAGER, DISTRICT JUDGE
Aubin Aubin Law Firm A Professional Corporation COUNSEL FOR
DEFENDANT-APPELLANT: Lois Ivey.
Graves Theus Christopher Kinnison Theus Law Offices Post
Office COUNSEL FOR PLAINTIFF-APPELLEE: Mary Ivey Waters
composed of Sylvia R. Cooks, Elizabeth A. Pickett, and
Phyllis M. Keaty, Judges.
ELIZABETH A. PICKETT JUDGE.
widow appeals the trial court's grant of summary judgment
declaring her husband's last will and testament invalid
because it does not satisfy the legal requirements for a
notarial testament. For the following reasons, we affirm.
1996, Elmoses Ivey executed his last will and testament in
which he bequeathed all of his property to his wife, Lois
Ivey. He died in February 2016, and Lois probated the will
and obtained a judgment of possession. Shortly thereafter,
Mary Ivey Waters and William Ivey, Mr. Ivey's children
from a prior marriage, filed suit, contesting the validity of
Mr. Ivey's will. Mary and William then filed a motion for
summary judgment, seeking a judgment declaring the will null.
their motion for summary judgment, Mary and William assert
that the attestation clause in Mr. Ivey's will fails to
satisfy the legal requirements of a notarial testament;
therefore, it is invalid. After conducting a hearing, the
trial court granted the motion for summary judgment and
signed a judgment that declared Mr. Ivey's will invalid,
annulled the judgment of possession, and designated the
summary judgment a final judgment as provided in La.Code
Civ.P. art.1915(B). Lois appealed.
their motion for summary judgment, Mary and William identify
the following formalities required by La.Civ.Code art. 1577
that they claim Mr. Ivey's will does not include which
renders the will null:
(1) The notarial attestation clause fails to state that the
testator signed the will at the end and on each other
separate page in the presence of the notary and witnesses;
(2) The notarial attestation clause fails to state that the
testator declared or signified in the
presence of the notary and witnesses that the instrument was
his last will and testament;
(3) The notarial attestation clause does not clearly state
that the notary, witnesses[, ] and testator executed the
testament in the presence of each other; and
(4) The declaration in the notarial attestation clause is
made by the testator, not the notary or the
witnesses, which essentially amounts to ...