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LaCroix v. Senecal

Connecticut Supreme Court
99 A.2d 115 (1953)


Facts

Celestine L. Dupre executed a will on March 25, 1951 with a clause leaving one-half of the residue of her estate to “my nephew, Nelson Lamoth of Taftville Connecticut” and the other half to Aurea Senecal (defendant). She then executed a codicil revoking the residuary clause of her will in order to replace with a new residuary clause that gave one-half of the residue of her estate to “my nephew Marcisse Lamoth of Taftville Connecticut, also known as Nelson Lamoth” and the other half to Aurea Senecal. One of the attesting witnesses to the codicil was Senecal’s husband. Pursuant to state statute, however, a bequest to the spouse of an attesting witness is void so that the witness’ competency to testify in support of probate is not impacted by the gift. Upon the petition of Dupre’s niece (plaintiff), Dupre’s heir at law, the probate court admitted the will to probate. Although the probate court found that the gift to Senecal under the codicil was void, the probate court nevertheless found the gift to Senecal under the original will to be valid. Dupre’s niece appealed to the Supreme Court of Connecticut.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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