Grandchampt v. Administrator of Succession of Billis

• Decision Date: 15 June 1909
• Docket Number: 17,455
• Citation: 124 La. 117,49 So. 998
• Court: Louisiana Supreme Court
• Parties: GRANDCHAMPT et al. v. ADMINISTRATOR OF SUCCESSION OF BILLIS et al. In re CAMERON

49 So. 998

124 La. 117

GRANDCHAMPT et al. v. ADMINISTRATOR OF SUCCESSION OF BILLIS et al.

In re CAMERON

No. 17,455

Supreme Court of Louisiana

June 15, 1909

Rehearing Denied June 30, 1909.

Appeal from Thirteenth Judicial District Court, Parish of Grant Wilbur Fisk Blackman, Judge.

Action by Victor Grandchampt against the administrator of the succession of J. Billis and others, and application of R. S Cameron for the probate of the last will of Lola Billis.The actions were consolidated, and, from the judgment, plaintiffs appeal.Reversed, and judgment rendered.

See also121 La. 340, 46 So. 348; 122 La. 539, 47 So. 884.

Joel Lafayette Fletcher and Alexander & Wilkinson, for appellants.

W. C. & J. B. Roberts and John Alexander Williams, for appellees.

OPINION

LAND, J.

Joseph Billis, a native of France, settled in the parish of Grant about the year 1880, and in the course of time acquired farming and timber lands.He took unto himself a colored woman as a concubine, and four or five children were the issue of this illicit connection.Billis lived openly with this woman and her children on one of his farms until some time in April, 1897, when he sent them away, and made other provisions for their support.It seems that about this time Billis made up his mind to marry a woman of his own color, and paid court to Miss Mary L. U. Grandchampt.On May 6, 1897, Billis donated to Miss Grandchampt 785 acres of land, including his homestead, in consideration of their contemplated marriage, which took place on the same day.On June 23, 1897, Mrs. Billis donated the same lands to Billis, her husband, in consideration of her love and affection for him.The marriage proved barren, and the parties seemed to have lived together unhappily.Billis was much attached to his bastard children, and wanted them to visit him at his home.His wife very naturally objected, and seems to have had her way.The parties continued to live together with more or less friction for a number of years.In October, 1906, Joseph Billis wrote a letter to his cousin, Antoine Morat, a young man attending a medical school in Memphis, Tenn., saying, inter alia:

"If something happen to me, take possession of all that I possess.I give you all that I have made, it is my desire and will, and not to my brothers, because as you know they have treated me unjustly.Do for my children as I told you.I pass to you all my rights.Keep this letter."

In January, 1907, it appears from a writing signed by Joseph Billis that he was contemplating suicide on account of his wife's bad treatment of him for 10 years.His principal complaints were that his wife married him for his money, refused to permit his children to visit him, and treated him as lower than a negro, refusing to eat with him, etc.

On February 22, 1907, Joseph Billis made a will, null for want of form, in favor of his illegitimate children and Antoine Morat.

On February 26, 1907, the dead body of Mrs. Billis, clothed in a nightgown, was found in the yard of the common dwelling.Death was caused by a pistol shot wound in her back.Evidently Mrs. Billis was shot as she was flying from the house.On breaking into the common sleeping room, the searchers found the dead body of Joseph Billis on the bed.Billis had committed suicide in a most gruesome manner by slashing his own throat, and then shooting himself through the face.He bled to death.The physical facts demonstrated that Billis shot his wife as she fled from the house, and then, locking himself within the room, proceeded to take his own life.

The notary appointed to make an inventory of the property belonging to the succession of Joseph Billis found in the iron safe of the deceased a document reading as follows, viz.:

"Grant Parish State Louisiana.

"May 28th 1897.

"In case of Death I give to my husban Mr. Joseph Billis the full right of all my property I have here after my Death.

"[Signed]Lola Billis."

The letter written in October, 1906, by Joseph Billis to Antoine Morat was probated as his last will and testament in olographic form, and the decree of probate was affirmed by this court in December, 1908.SeeIn re Billis' Will,122 La. 539, 47 So. 884.

Soon after the death of Joseph Billis, Victor Grandchampt and other collateral heirs of Mrs. Lola Billis brought suit against the administrator of the succession of Billis and his heirs at law, alleging that Mrs. Lola Billis died intestate, leaving the tract of land which she acquired in 1897 by donation inter vivos from Joseph Billis and her interest in the community which existed between them.Then plaintiffs, anticipating the defenses that might be set up by the defendants in the suit, assailed the retrocession of the same property by Mrs. Billis to her husband as illegal, and also as procured by force, fraud, and threats.Plaintiffs also assailed any will purporting to have been made by Mrs. Billis in favor of Joseph Billis as a forgery, and, if her act, as void for want of form.Plaintiffs finally alleged that Joseph Billis murdered his wife, and was therefore unworthy of taking either under the will or the donation.Plaintiffs' petition was dismissed on exception of no cause of action, and they appealed.In the meantime the document of date May 28, 1897, had been propounded for probate as the last will of Mrs. Lola Billis, and Victor Grandchampt et al. had opposed the probate of the same.

On the appeal this court reversed the judgment, sustaining the exception of no cause of action, and remanded the case for trial with the proceedings involving the probate of the alleged will of Mrs. Lola Billis.This court held that the wife may during marriage return to the husband by donation inter vivos property donated by him propter nuptias, and that the collateral heirs of the deceased wife had no standing to annul or reduce such donation on the ground that it was a donation omnium bonorum.The court, however, held that the heirs had the right to assail such donation on the ground of force, fraud, and threats.SeeVictor Grandchampt et al. v. Heirs of Joseph Billis et al.(No. 16,868, decided in March, 1908)121 La. 340, 46 So. 348.

The cases were consolidated and tried below, and Victor Grandchampt et al. have appealed from a decree probating the document of date March 28, 1897, as the last will and testament of Mrs. Lola Billis and rejecting all of their demands.

The first question in the case is whether the decree of probate is supported by the evidence.

Article 1655 of the Revised Civil Code of 1870 reads as follows:

"The olographic testament shall be opened, if it be sealed; and it must be acknowledged and proved by the declaration of two credible persons, who must attest that they recognize the testament as being entirely written, dated and signed in the testator's handwriting, as having often seen him write and sign during his life time."(Italics ours.)

By Act No. 119, p. 168, of 1896, the italicized words were stricken out, and the following sentence substituted:

"The judge shall interrogate the witnesses, under oath, touching their knowledge of the testator's handwriting and signature, and shall satisfy himself that they are familiar therewith, making mention of the whole in his proces verbal thereof."

John L. Calhoun had never seen Mrs. Billis write or sign her name.As a matter of fact, he could not testify that Mrs. Billis could write at all or read writing.Mr. Calhoun kept a country store and was postmaster.Mrs. Billis gave and sent him some written orders for goods, and his knowledge of her handwriting was derived from such orders.Mr. Calhoun, referring to the purported will of Mrs. Billis, said:

"It looks like the same writing to me.I see no difference."

Mrs. J. L. Calhoun's knowledge of Mrs. Billis' writing was derived from the same or similar orders sent to the store of her husband.Mrs. Billis spoke to Mrs. Calhoun about some of these orders, which were filled and charged in the usual course of business.On one occasion Mrs. Calhoun saw Mrs. Billis write an order for certain articles of apparel.Mrs. Calhoun testifies that the purported will "looked" to be in the handwriting of Mrs. Billis, and that her "b's" and "p's" were noticeable from their resemblance to the handwriting of her husband's father.On cross-examination Mrs. Calhoun said:

"Everything in it is exactly her handwriting, as I answered the question awhile ago.The 'p' and 'b' are the two letters I noticed."

H. B. Farnaldo, an intimate friend of Billis, saw letters written by Miss Lola Grandchampt before her marriage, and received a note from her afterwards, and on one or more occasions saw her write.This witness positively recognized the purported will to be genuine.As already stated, the document was found in the safe of Billis after his death.

Testimony as to handwriting is at best "opinion" evidence, and its value depends on the knowledge of the witness of the handwriting of the person in question.Article 1655.The Code of 1870 required that such knowledge should be derived from "having often seen him (the testator) write and sign during his lifetime."The amendment by Act No. 119, p. 168, of 1896, while eliminating this restriction as to the means of knowledge, still requires the witness to attest that he...