Succession of Justus
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. Where the will directs the executors to sell all the property, that direction must be carried out.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. Where the will directs the executors to sell all the property, that direction must be carried out. Revised Civil Code, 1669, 1683. 2. A judgment of possession rendered in a succession is entitled;to full effect until set aside. 33 An. 827. 3. Possession under a title for ten years, even though the title be not good, cures all defects by prescription. 38 An. 889. 4. He who alleges interruption of prescription must prove it. 20 An. 565; 21 An. 293; 26 An. 215. 5. He who interposes a defence of minority must prove it. 5…
1Opinion of the Court
*192The opinion of the court was delivered by
McEnery, J.
The appeals in these cases were taken by the executors of the last will and testament of the deceased Mrs. Justus from the judgment discharging the rules taken against the adjudicatees of certain immovable property sold at public auction by the executors in accordance with the direction of the testator.
The property was bequeathed to Mrs. Justus by her first husband, Joseph Armbruster, as universal legatee. The will was in the nuncupative form by public act. The will failed to state the residence of the witnesses and was defective in form,…
2Cited by8 opinions
- Thomas v. BlairSupreme Court of Louisiana · 1903
- McGregor v. McGregorCourt of Appeals for the Tenth Circuit · 1953
- Succession of WilliamsSupreme Court of Louisiana · 1913
- Cox v. Lea's HeirsSupreme Court of Louisiana · 1902
- Succession of RosinskiLouisiana Court of Appeal · 1963
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