Jung v. Doriocourt
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. Francis Bernoudy,by his last will, among other dispositions, gave to the plaintiff, f. w. c., and her four children, the sum of one thousand dollars each. One of the children having died, this suit was brought by the mother and her three surviving children, to recover from the defendants (heirs of the testator), the legacies given to them by the will; and also, to recover the legacy given to the deceased child.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. Francis Bernoudy,by his last will, among other dispositions, gave to the plaintiff, f. w. c., and her four children, the sum of one thousand dollars each. One of the children having died, this suit was brought by the mother and her three surviving children, to recover from the defendants (heirs of the testator), the legacies given to them by the will; and also, to recover the legacy given to the deceased child. A plea to the jurisdiction of the court having been put in and overruled, the defendants answered that the plaintiffs were not the persons…
1Opinion of the CourtMartin, J.
The plaintiff, Jung, and the other, her children, claim legacies under the will of the defendants’ ancestor.
The latter pleaded that the court was without jurisdiction, because they were beneficiary heirs. The plea was overruled and, in our opinion, correctly. It is true that they had obtained time to deliberate whether they would become beneficiary or absolute heirs; but without expressing any determination thereon, they proceeded to the liquidation and partition of the estate, and have suffered fifteen years to elapse.
The plea being overruled, was followed by two separate answers.
The first,…
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