Fowler v. Boyd
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW-ORLEANS. On the 14t.h May, 1839, Mrs. Miriam Fowler, late wife of George W. Boyd, died in the city of New-Orleans, and on the 20th of the same month, Mr. Boyd presented his petition to the judge of probates, praying that an inventory be made of his deceased wife’s property, and that he be put in the possession of the same, in virtue of the following clause in their marriage contract.
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APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW-ORLEANS. On the 14t.h May, 1839, Mrs. Miriam Fowler, late wife of George W. Boyd, died in the city of New-Orleans, and on the 20th of the same month, Mr. Boyd presented his petition to the judge of probates, praying that an inventory be made of his deceased wife’s property, and that he be put in the possession of the same, in virtue of the following clause in their marriage contract. “1. There shall be no community or partnership of acquests and gains between the parties who do hereby formally exclude them from said community.”…
1Opinion of the CourtMorphy, J.
Miriam Fowler, the legitimate wife of George W. Boyd, having died intestate, and without forced heirs, her husband made application to the Court of Probates, to be put in pos. session of all her estate. He showed that, by his marriage contract with his late wife, they had made to each other a mutual and reciprocal donation of the whole of each other’s property, to vest in the survivor, at the death of either ofl them. The judge granted the prayer of the petitioner, after requiring of him good and sufficient security, in pursuance of article 925, of the Louisiana Code. The nephews and! nieces…
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