Criswell v. Seay
Supreme Court of Louisiana
Western Dis. ATOEAX FROM THE COURT OF TUB SEVENTH DISTRICT, TOR THE PARISH OF CATAIIOUXA, THE JUDGE OF THE FIFTH PRESIDING. This is an action by the surviving wife to recover from the collateral heirs of her deceased husband, all the property of his estate and of which he died possessed.
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Western Dis. ATOEAX FROM THE COURT OF TUB SEVENTH DISTRICT, TOR THE PARISH OF CATAIIOUXA, THE JUDGE OF THE FIFTH PRESIDING. This is an action by the surviving wife to recover from the collateral heirs of her deceased husband, all the property of his estate and of which he died possessed. She claims to be his universal donee, in virtue Of a disposition mortis causa, made to her in the marriage contract in case she survived him of all his estate and which he might legally dispose. She shows that he died- without any forced heirs, and that she is en-. titled to his estate under their marriage…
1Opinion of the CourtMorphy, J.
This is an action brought to obtain possession of the estate of the late Rezin Criswell, the plaintiff’s husband, which was decreed by the Probate Court of Catahoula to belong to her as universal donee of the deceased. The answer admits that defendants were in possession of the property sequestered by the sheriff at the plaintiff’s suit, and avers that they are entitled to it being the nearest collateral relations of the deceased, whose brother’s children they are ; it further alleges that the universal donation under which plaintiff sets up title to this property is contra b'onos mores,…
2Cases cited2 opinions
- Lowery v. KlineSupreme Court of Louisiana · 1834
- Fowler v. BoydSupreme Court of Louisiana · 1840
3Cited by4 opinions
- Pires v. YoureeSupreme Court of Louisiana · 1930
- Smyth v. New Orleans Canal & Banking Co.Court of Appeals for the Fifth Circuit · 1899
- Succession of HardestySupreme Court of Louisiana · 1870
- Cox v. Von AhlefeldtSupreme Court of Louisiana · 1901