Succession of Burbank
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George H. Theard, Judge. Petition by T. Scott Burbank and others, children and legal heirs of Edward W. Burbank, deceased, against Nellie G. Burbank, for judgment putting the heirs in possession of the property of the succession. From the judgment, all parties appeal.
1Opinion of the CourtProyosty, J.
Three of the children and legal heirs of the de cujus, two of whom' are also executors under his will, filed a petition in the succession proceedings asking that their sister, coheir and coexecutrix, be cited, and that there be judgment recognizing the parties as the legitimate children and sole heirs of the de cujus, and putting them in possession of the property of the succession, upon their complying with articles 1012 and 1671 of the Code. These are the articles which deny to the heirs the right to take the seisin from the executor without leaving in his hands a sum sufficient to pay the…
2Cases cited3 opinions
- Succession of DuffySupreme Court of Louisiana · 1898
- Succession of TownsendSupreme Court of Louisiana · 1885
- Succession of Townsend v. SykesSupreme Court of Louisiana · 1886
3Cited by2 opinions
- Succession of MenendezSupreme Court of Louisiana · 1959
- Succession of BurbankSupreme Court of Louisiana · 1911