Carroll v. Succession of Carroll
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans, Bightor, J. Mrs. Charlotte L. Bendy, wife of Daniel R. Carroll, died in April, 1892, leaving an estate in community with her husband. The latter was appointed administrator of her succession. . He himself died in February, 1894. The heirs of the husband and wife are the same persons.
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APPEAL from the Civil District Court for the Parish of Orleans, Bightor, J. Mrs. Charlotte L. Bendy, wife of Daniel R. Carroll, died in April, 1892, leaving an estate in community with her husband. The latter was appointed administrator of her succession. . He himself died in February, 1894. The heirs of the husband and wife are the same persons. Mrs. Janin, one of the heirs, answered, setting up that there were collations due by different heirs, claiming as follows: Of Mrs. Airey, three thousand three hundred dollars; of Mrs. Thomas, three thousand three hundred dollars; of Mrs. Janin, three…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
Mrs. Anna Castleman claims that her sister, Mrs. Thomas L. Airey, should be held to collate twenty thousand dollars.
On the 3d of November, 1860, a marriage contract was entered into between Miss Virginia Carroll, daughter of D. R. Oarroll, and Thomas L. Airey. The father intervened in the act, declaring that he thereby settled upon the intended wife, as dowry, the sum of twenty thousand dollars. Thomas L. Airey in the act acknowledged to have received said amount from D. R. Oarroll in ready money then and there paid, and consented to…
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