Succession of Fath
Supreme Court of Louisiana
Appeal from Civil District Court, Parish, of Orleans; Fred D. King, Judge. In the matter of the succession of Mary Erhart Path, deceased, in which Eugene Path and others filed suit against Samuel Levy, executor, and the widow and children of Christopher Path, deceased, asking for the nullity of the will. Prom a judgment of partial nullity, the executor by motion appeals, and Mrs. Path and children appeal by petition.
1Opinion of the CourtSommerville, J.
Mrs. Path left three sets of grandchildren, children of her predeceased sons, Christopher, Michael, and Joseph. She also left an estate which has been inventoried at $9,155.36, $8,300 of which is real estate, and the balance is personal property. ■ To the widow and children of Christopher she gave all the real estate, which appears to be about seven-ninths of the entire estate. The bequest in favor of the children of Christopher Path is in excess of their shares, and it is illegal. It is subject to reduction.
The children of Joseph and Michael Path attacked the will in so far as the…
2Cases cited3 opinions
- Succession of BurnsideSupreme Court of Louisiana · 1883
- Gueydan v. MontagneSupreme Court of Louisiana · 1902
- Succession of HunterSupreme Court of Louisiana · 1893
3Cited by16 opinions
- Succession of LambertSupreme Court of Louisiana · 1946
- Jordan v. FilmoreSupreme Court of Louisiana · 1929
- Succession of PriceSupreme Court of Louisiana · 1943
- Succession of JonesLouisiana Court of Appeal · 1965
- Succession of KamladeSupreme Court of Louisiana · 1957
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