Succession of Senac
Supreme Court of Louisiana
Appeal from the Court of Probates of New Orleans, Bermu-dez, J. The widow having no interest in the will, cannot sue to annul it. The capacity of the testator to dispose of his property, and the validity of such dispositions, must be determined by the law of his actual domicil. Habilis vel inhabilis loco domicilii est habilis vel inhabilis in omni loco. Journal du Palais, v. 13, p. 17. Story’s Confl. of Laws, 398 — 402. The domicil of the testator was in France.
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Appeal from the Court of Probates of New Orleans, Bermu-dez, J. The widow having no interest in the will, cannot sue to annul it. The capacity of the testator to dispose of his property, and the validity of such dispositions, must be determined by the law of his actual domicil. Habilis vel inhabilis loco domicilii est habilis vel inhabilis in omni loco. Journal du Palais, v. 13, p. 17. Story’s Confl. of Laws, 398 — 402. The domicil of the testator was in France. By the laws of that kingdom the subsequent birth of a child does not revoke a will. Dal-loz, J^urisp. XIX Siécle, v. 11, p. 191-2.…
1Opinion of the CourtMorphy, J.
This appeal is from a judgment declaring-null and void the last will and testament of the late G. D. Senac, on an opposition to its homologation by his widow, on the ground of the birth of a child, the offspring of the opponent’s subsequent mar riage with the deceased. The facts of the case are, that the late G. D. Senac, a native of France, who had long resided in this country, made his olographic will in this State on the 8th of May, 1836, whereby he made several legacies, and bequeathed their freedom to two of his slaves under certain restrictions. On the 10th of the same month, he married…
2Cited by17 opinions
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- Succession of Velasquez-BainLouisiana Court of Appeal · 1985
- Succession of CarbajalSupreme Court of Louisiana · 1923
- Harman v. RatliffSupreme Court of Virginia · 1896
- Hall v. Bank of VirginiaWest Virginia Supreme Court · 1878
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