Succession of Ames
Supreme Court of Louisiana
APPEAL- from the Civil District. Court for the parish of Orleans. Tissot, J. On Motion to Dismiss. It is only where a judgment is rendered by which a succession can he aggrieved, that a succession representative can, in his official capacity, appeal from the same.
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APPEAL- from the Civil District. Court for the parish of Orleans. Tissot, J. On Motion to Dismiss. It is only where a judgment is rendered by which a succession can he aggrieved, that a succession representative can, in his official capacity, appeal from the same. Wliere the judgment disallows a claim placed on the tableau as due to the executor personally, he should appeal in his personal capacity and, failing to do so, tbe costs of appeal taken by him in his official capacity should not he paid by the succession. Creditors, whoso claims have been disallowed, cannot make themselves parties…
1Opinion
On the Merits.
The opinion of the Court was delivered by
Fenner, J.
The will of Mrs. Josephine Hale Ames contained the following provisions:
“ My name is Josephine Hale Ames, widow by first marriage of the late Thomas Hale, and now the wife of Hugh O. Amesl
“I am aged fifty-two years and have four children,issue of my first marriage; the eldest is named Mary Hale Porteous; Anais Amelia Hale; the third is a boy, called Edward John Hale, and the fourth is Patrick Julian Hale.'
“ There is no children by my marriage with Mr. Ames.
“ I own property and effects in no other places than in New Orleans,…
2Cases cited2 opinions
- Casanova's Heirs v. AcostaSupreme Court of Louisiana · 1830
- Martin v. DrakeSupreme Court of Louisiana · 1842