Legal Opinion

Hebert's Heirs v. Herbert's Legatees

Supreme Court of Louisiana

Decided September 15, 1837PublishedCited by 5 opinions

Western Dish APrEAL FROM THE COURT OF PROBATES FOR THE PARISH OF LAFAYETTE. This is an action by the heirs at law of Dorothée Hebert, deceased, against Joseph, Ursin and Marguerite Hebert, also collateral relations of the deceased, to recover from them her estate, which the defendants’ claim and possess under her last will and testament, as her universal legatees.

Read the full summary

Western Dish APrEAL FROM THE COURT OF PROBATES FOR THE PARISH OF LAFAYETTE. This is an action by the heirs at law of Dorothée Hebert, deceased, against Joseph, Ursin and Marguerite Hebert, also collateral relations of the deceased, to recover from them her estate, which the defendants’ claim and possess under her last will and testament, as her universal legatees. The plaintiffs allege, that Dorothée Hebert died without leaving ascendants or descendants, and that they are her nearest collateral relations and heirs at law, and as such entitled to her succession. They further allege, that the…

1Opinion of the CourtCarleton, J.

This action is brought to annul the last will and testament of Dorothée Hebert, whose heirs and legal representatives the petitioners allege themselves to be.

The causes of nullity, alleged, are :

1st. That the will was dictated in the French language, but written by the notary in English, which was not understood by the testatrix.

2i. That of the three subscribing witnesses to the will, one of them was not sufficiently acquainted with the French to have understood it in that language, and that one other witness was absolutely ignorant of the English language, in which the will was actually…

2Cited by5 opinions

  1. Succession of DauzatLouisiana Court of Appeal · 1968
  2. Bell v. DavisSupreme Court of Oklahoma · 1916
  3. Debaillon v. FuselierSupreme Court of Louisiana · 1925
  4. Debaillon v. FuselierLouisiana Court of Appeal · 1925
  5. Succession of BeattieSupreme Court of Louisiana · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API