State v. Martin
Supreme Court of Louisiana
APPEAL from.the Second District Court of .New Orleans, Canon, J. The petition alleges, that Franfois Xavier Martin, -.who -resided in the. city of New Orleans, died on the 10th December, 4846, leaving an estate.estimated in the inventory at $396,841 -17. That Paul BartMlemy Martin, a brother of the deceased, caused himself to be recognised .as ;the.executory under a pretended olographic will, dated 21 May, 4844, and has'taken-possession of his estate:: That the said…
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APPEAL from.the Second District Court of .New Orleans, Canon, J. The petition alleges, that Franfois Xavier Martin, -.who -resided in the. city of New Orleans, died on the 10th December, 4846, leaving an estate.estimated in the inventory at $396,841 -17. That Paul BartMlemy Martin, a brother of the deceased, caused himself to be recognised .as ;the.executory under a pretended olographic will, dated 21 May, 4844, and has'taken-possession of his estate:: That the said pretended olographic will is-.void and of no effect, ffor-tliis, that when it was made, Francois Xavier Marlin was physically…
1Opinion of the Court
The judgment of the court was pronounced b.y
Host, J.
This case presents two novel questions. 1.-.Could Francois Xavier Martin, after he became blind, make any dispositions mortis causa, in thetolographic.form ? 2. If he could, .was.the institution of the defendant as his .universal legatee, a simulated disposition, made .for the purpose of evading the.fiscal regulations of the.act of 1842, imposing a tax of ten per cent on the value of all the property inherited,in Louisiana by foreigners not domiciliated here, and with the secret intention .that the disposition should inure, for the whole,.or…
2Cases cited1 opinion
- United States v. Eighty-Four Boxes of SugarSupreme Court of the United States · 1833
3Cited by4 opinions
- State ex rel. Shea v. CockingMontana Supreme Court · 1923
- Goldsmith v. GatesSupreme Court of Alabama · 1921
- Metropolitan Life Ins. v. Board of AssessorsSupreme Court of Louisiana · 1905
- Succession of LindseyLouisiana Court of Appeal · 1965