declaration clause in Louisiana

1970We stated: "* * LSA-R.S. 9:2442, relating to the statutory will, does not require that the will be read aloud in its entirety before it is signed. * * *" A reading of the statute makes it obvious that it contains no such requirement. [2] There is no question that the testatrix did in fact declare by word and by act to the witnesses and the notary public before execution that the instrument was her last will and testament, for this is shown by the transcript of testimony taken on the trial of the opposition to the probate of the will. [3] This language is clear and far more indicative of compli

1970This language is clear and far more indicative of compliance with publication (giving notice to the witnesses) than the statement contained in the declaration clause which was held to be sufficient in Succession of Saarela, 151 So.2d 144 (La.

1970We stated: "* * LSA-R.S. 9:2442, relating to the statutory will, does not require that the will be read aloud in its entirety before it is signed. * * *" A reading of the statute makes it obvious that it contains no such requirement. [2] There is no question that the testatrix did in fact declare by word and by act to the witnesses and the notary public before execution that the instrument was her last will and testament, for this is shown by the transcript of testimony taken on the trial of the opposition to the probate of the will. [3] This language is clear and far more indicative of compli

1970We stated: "* * LSA-R.S. 9:2442, relating to the statutory will, does not require that the will be read aloud in its entirety before it is signed. * * *" A reading of the statute makes it obvious that it contains no such requirement. [2] There is no question that the testatrix did in fact declare by word and by act to the witnesses and the notary public before execution that the instrument was her last will and testament, for this is shown by the transcript of testimony taken on the trial of the opposition to the probate of the will. [3] This language is clear and far more indicative of compli

2022See State Through Louisiana Riverboat Gaming Comm' n v. Louisiana State Police Riverboat Gaming Enf't Div., 97- 0167 ( La. App. 1 st Cir. 6/ 20/ 97), 696 So. 2d 645, 647 , writ denied, 97- 1932 ( La. 11/ 7/ 97), 703 So. 2d 1269 .

2022R.S. 38:2220.1, and for private entities seeking a declaration of a violation of Public Bid Law . . . there is no operative contractual requirement to exhaust an administrative procedure.” Id. at p. 8, 195 So.3d at 604 . 8 In the instant case, we note that no public bid process took place, as OPCD did not advertise for the modernization of the 9-1-1 emergency communication infrastructure.

2022App. 4 Cir. 5/25/16), 195 So.3d 598, 602 .

2022See State Through Louisiana Riverboat Gaming Comm' n v. Louisiana State Police Riverboat Gaming Enf't Div., 97- 0167 ( La. App. 1 st Cir. 6/ 20/ 97), 696 So. 2d 645, 647 , writ denied, 97- 1932 ( La. 11/ 7/ 97), 703 So. 2d 1269 .

1948The foregoing declaration of the test to be employed in determining the responsiveness of a verdict for a lesser offense is fully supported by a statement, couched in similar terms, in State v. Desselles, 150 La. 494 , 90 So. 773 , from which we quoted with approval in the Roberts case.