Featherstone v. Robinson
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ST. TAMMANY. The plaintiff sues to recover his late wife’s inheritance from the defendant, «as executrix of her deceased mother.
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APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ST. TAMMANY. The plaintiff sues to recover his late wife’s inheritance from the defendant, «as executrix of her deceased mother. He alleges that Maria Badon died in 1820, leaving nine children as her heirs; that he intermarried with one of said heirs, who also died in 1825 without descendants, and leaving a will in which she made her husband, the present plaintiff, her universal heir and legatee; that previous to the death of his wife, another of the heirs of her mother died, and before partition, leaving her estate to be divided into eight…
1Opinion of the Court
Martin J.,
delivered the opinion of the court.
In this case the plaintiff sues as heir of his late wife, to recover from the defendant, as the executrix of his wife’s mother, the portion which his wife inherited from her mother. The plaintiff obtained judgment in the Court of Probates, from which the defendant appealed.
The appellant in this court, relies upon the following assignment of errors:
1. There is no evidence of the death of the plaintiff’s wife.
2. The document annexed to the petition, is illegal evidence of her will, being the copy of a copy. The will does not appear to have been…
2Cited by2 opinions
- Sugar Field Oil Co. v. CarterSupreme Court of Louisiana · 1948
- Hibernia Homestead & Savings Ass'n v. LorinoLouisiana Court of Appeal · 1966