Succession of Gaines
Supreme Court of Louisiana
APPEAL fi’om the Civil Distinct Court for the Parish of Orleans. King, J. 1. Personal property has no situs but that of the owner, and its transmission by contract, inheritance or will is controlled by the law of the domicil of said owner.
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APPEAL fi’om the Civil Distinct Court for the Parish of Orleans. King, J. 1. Personal property has no situs but that of the owner, and its transmission by contract, inheritance or will is controlled by the law of the domicil of said owner. Succession of Alice Packwood, 9 Ro. 443; Succession of McCandless, 3 An. 581; Peale vs. White, 7 An. 449; Atkinson vs. Rogers, 14 An. 633; Perin vs. Mc-Micken, 15 An. 155; Thomas vs. Morrisat, 76 Ga. 384; 2 Kent Com. 429; 4 Kent Com. 513; Wilkin vs. Ellett, 9 Wall. 740. And there is nothing in the statutes or juris prudence of Louisiana to the contrary.…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
Mrs. Myra Clark Caines died in the city of New Orleans on the 9th of January, 1885.
On the 12th of January of the same year Mrs. Marie P. Evans presented for probate to the Civil District Court for the parish of Orleans what purported to be an olographic will of the deceased, dated New Orleans, January 8, 1885.
On the same day, what also purported to be a will of the deceased in the nuncupative form, under private signature, dated New Orleans, January 5, 1885, was presented for probate to the same court by W. H. Wilder and J. Y. Christmas,…
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