Succession of Gaines
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. King, J. 1. The transfer of assets to Now York is a matter of judicial discretion. 95 N. Y. R. 59; 13 La. 298 ; 6 An. 151. 2. A11 administrations of successions in Louisiana are principal, not ancillary, so far as distribution of assets is concerned. C. C. 1220; 15 An. 405. 3. The registry of a foreign will does not entitle the foreign executor to exercis e authority in this State.
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APPEAL from the Civil District Court, Parish of Orleans. King, J. 1. The transfer of assets to Now York is a matter of judicial discretion. 95 N. Y. R. 59; 13 La. 298 ; 6 An. 151. 2. A11 administrations of successions in Louisiana are principal, not ancillary, so far as distribution of assets is concerned. C. C. 1220; 15 An. 405. 3. The registry of a foreign will does not entitle the foreign executor to exercis e authority in this State. Succession of Butler, 30 An. 890. 4. The heirs arc entitled to bo put in possession here. C. C. 1671; 34 An. 26; 3G An. 48. 1. Personal property has no situs…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
The object of this suit is the recovery, by the New York administrator of the primary succession of the deceased in that State, of the residuum of assets of the ancillary succession in the State of Louisiana, from the administrator appointed under the laws thereof; and for their removal to the probate court of Kings county, New York, for the purposes of administration and distribution under and in pursuance of the laws of that State, and of the provisions of the will of the deceased therein admitted to probate.
The demand of the New York…
2Cases cited3 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Wilkins v. EllettSupreme Court of the United States · 1870
- Despard v. . ChurchillNew York Court of Appeals · 1873
3Cited by8 opinions
- Rader v. StubblefieldWashington Supreme Court · 1906
- Hare v. PendletonCourt of Appeals of Texas · 1919
- In Re Estate of LaneSupreme Court of Iowa · 1925
- In re the Estate of BlomeenWashington Supreme Court · 1963
- Reed v. BloodworthSupreme Court of Alabama · 1917
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