Succession of Berfuse
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. The Public Administrator has no right to claim to be appointed in a succession when there are heirs present in the State.
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APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. The Public Administrator has no right to claim to be appointed in a succession when there are heirs present in the State. In default of legitimate descendants, the natural children are the legal heirs of their mother, and no one can contest their right to her succession, unless he has an interest in so doing. • The legal acknowledgment of natural children, and their judicial acknowledgment, decreed by judgment of Court, are of equal dignity and are both due acknowledgments, under the law, as to their effects.
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Pociié, J.
This appeal is taken from a judgment appointing the Public Administrator, P. S. Wiltz, administrator of the succession.
The grounds urged for the dismissal of. the appeal are, that it was obtained out of term time, not on petition, and that no citation of appeal was issued.
The record shows that the judgment was rendered on September 27th, 1881, and signed on the 8th of October following, and that the order of appeal was granted, on appellants’ motion, on the 18th of the same month.
Appellee contends that the terms of the…
2Cases cited1 opinion
- Moules v. Del. & H. Canal Co.Supreme Court of Pennsylvania · 1891