Succession of Hernandez
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. King, J. ' Joseph Hernandez died testate April 17, 1893. He left a widow by second marriage, Augusta L. Hernandez, three children, majors, and the minor children of a deceased child, all issue of his first marriage. He had been divorced from his first wife by a decree of the District Court of St. Bernard rendered in October, 1881. He had made bequests to the wife by second marriage.
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APPEAL from the Civil District Court, Parish of Orleans. King, J. ' Joseph Hernandez died testate April 17, 1893. He left a widow by second marriage, Augusta L. Hernandez, three children, majors, and the minor children of a deceased child, all issue of his first marriage. He had been divorced from his first wife by a decree of the District Court of St. Bernard rendered in October, 1881. He had made bequests to the wife by second marriage. Upon her, demand for payment of legacy the heirs refused, alleging the second marriage, which had been solemnized in the city of New York, was a nullity…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Originally this suit had, for its object, recovery by Augusta L. Church, the alleged surviving widow of the deceased, the money and movable effects of which she was donee by the testamentary bequest; but the legal heirs of the deceased by a former marriage incorporated a reconventional demand and other issues in their answer; the same were made the subject of a subsequent direct attack on the claims and pretensions of the plaintiff, which she, in turn, put at issue by answer.
On these pleadings and issues there was a general judgment against…
2Cases cited4 opinions
- The AntelopeSupreme Court of the United States · 1825
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Thorp v. . ThorpNew York Court of Appeals · 1882
- Moore v. . HegemanNew York Court of Appeals · 1883
3Cited by7 opinions
- Frame v. ThormannWisconsin Supreme Court · 1899
- Succession of GabissoSupreme Court of Louisiana · 1907
- Shipp v. ShippSupreme Court of Louisiana · 1935
- People v. WoodleyCalifornia Court of Appeal · 1913
- Succession of DamicoSupreme Court of Louisiana · 1924
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