Heirs of Barrow v. Barrow
Supreme Court of Louisiana
APPEAL from the Third District Court, Parish of Claiborne. Young, J. 1. Heirs who sue for the nullity of a testament and the reduction of an excessive donation, are not required to make a tender of what they had received before bringing their suit. 33 Ann. 749; 36 Ann. 236 ; 33 Ann, 773; 34 Ann, 1017; Sue.
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APPEAL from the Third District Court, Parish of Claiborne. Young, J. 1. Heirs who sue for the nullity of a testament and the reduction of an excessive donation, are not required to make a tender of what they had received before bringing their suit. 33 Ann. 749; 36 Ann. 236 ; 33 Ann, 773; 34 Ann, 1017; Sue. E. Commagere, Ho. 9532. •2. A judgment attacked cannot be pleaded as res judicata and estoppel againss the action of nullity. 32 Ann. 13 ; 29Ann. 599 ; 32 Ann 1006; 34 Ann, 808; 15 Ahtf.-^OD ; 33 Ann. >7-19 J and 1198; C. P. 928-43. 3. A judgment probating and ordering a will executed, is…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Fenner, J.
Josephus S. Barrow died in 1878, leaving tlie following testament:
STATE OF LOUISIANA,)
Parish of Claiborne. $
Know all men by these presents, that I, Josephus S. Barrow, of the State and parish aforesaid, knowing tlie uncertainty of life and the certainty of death, being in feeble and bad health, but possessed of a sound and disposing mind, have this day, the sixth of February, A. D. 1875, feeling it to be a duty I owe to my family, have this day made and *647written with my own hand this my last will and testament. In the name of God, amen,…
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