Succession of Welp
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred. Durieve King, Judge. Proceedings by Samuel H. Meyer and another for the probate of the will of Elizabeth Welp, deceased, in which Robert J. Maloney was appointed to represent absent heirs. Thereafter James H. Turner, as husband and attorney in fact of an absent legatee, filed a petition of intervention and third opposition to set aside Maloney’s appointment as improvidently granted.
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Appeal from Civil District Court, Parish of Orleans; Fred. Durieve King, Judge. Proceedings by Samuel H. Meyer and another for the probate of the will of Elizabeth Welp, deceased, in which Robert J. Maloney was appointed to represent absent heirs. Thereafter James H. Turner, as husband and attorney in fact of an absent legatee, filed a petition of intervention and third opposition to set aside Maloney’s appointment as improvidently granted. From a judgment dismissing the intervention and third opposition, with costs, and in favor of Maloney for $1,-000 attorney’s fees, payable out of the…
1Opinion of the Court
Statement of the Case.
NICHOLLS, J.
On September 10, 1906, Samuel H. Meyer and Mrs. Clara B. Meyer filed proceedings for the probate of the will of Mrs. Elizabeth Welp, widow of Henry Meyer, and for the taking of an inventory of the estate.
On September 12th the district judge, reciting that it had been brought to his attention by the public press and reliable persons that the deceased had left an absent heir, then in Europe or elsewhere, and a legacy to an absentee, appointed Robert J. Maloney attorney to represent said absentee and legatee, and said attorney was instructed to take the proper…
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3Cited by2 opinions
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