Succession of Llula
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 3.* This controversy is between the collateral relatives oC the decedent and his legitimated child, who was also named his universal legatee.— The attack is on the testament. We contend that it cannot be set aside until the act of legitimation is properly contested and .set aside.
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APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 3.* This controversy is between the collateral relatives oC the decedent and his legitimated child, who was also named his universal legatee.— The attack is on the testament. We contend that it cannot be set aside until the act of legitimation is properly contested and .set aside. An act of legitimation, drawn according to Article 200 C. C., is not controverted by pleading wherein it is vaguely alleged that the * ‘ child has never been legally acknowledged,— acknowledgment being one thing and legitimation another. A…
1Opinion of the Court
The opinion of the Court was delivered by
McEnery, J.
Joseph Llula, who was never married, was the father of a daughter, Louisa, issue of Lena Neiss. Louisa is now the wife of Manuel Suarez Miranda. On the 4th day of May, 1882, in order to acknowledge and legitimate his daughter, Louisa, Joseph Llula appeared before a notary public and executed the following act:
“ Be it known, that on this fourth day of May, in the year of onr Lord one thousand eight hundred and eighty-two, and of the Independence of tiie United States of America, the one hundred and sixth, before me, Edmund Augustus Peyroux, a…
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- Succession of St. AmandSupreme Court of Louisiana · 1953
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