Succession of Hunter
Supreme Court of Louisiana
A PPEAL from fche Civil District Court for the Parish of Orleans. H Monroe, J, A clause in a will which says: “I desire, shou'd any money or aught of value accrue to my estate from any claim exhibited in the papers which I leave or otherwise, that the same be paid severally and proportionally to the persons named and stated in this paper, to whom I leave cash in gold,” is a universal legacy. C. 0.1606; Marc. Vol. IV, O. N., 1003; Toullier,Vol. V, 505; Duranfcon, Vol.
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A PPEAL from fche Civil District Court for the Parish of Orleans. H Monroe, J, A clause in a will which says: “I desire, shou'd any money or aught of value accrue to my estate from any claim exhibited in the papers which I leave or otherwise, that the same be paid severally and proportionally to the persons named and stated in this paper, to whom I leave cash in gold,” is a universal legacy. C. 0.1606; Marc. Vol. IV, O. N., 1003; Toullier,Vol. V, 505; Duranfcon, Vol. V, 170,180; 3 An. 707; 2 An. 580. All legacies lapse by the death of the legatee before the testator. C. C. 1697; Sue.…
1Opinion of the Court
The opinion of the court was delivered by
Hicholls, C. J.
William Wallace Hunter, a resident of the city' of New Orleans, died in that city on the 3d of June, 1892, leaving an olographic will dated 1st of May, 1884, from which we extract the following portions bearing upon the controversy which has arisen in this case:
“ This is my olographic will and testament. I do name and appoint William O. Raymond and Frederick Stringer my sole excutors, without bond, with full seizin of my estate, to administer and apply the same as hereinafter written, viz.: all and every sum of money of which I die…
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