Legal Opinion

Chardon's Heirs v. Bongue

Supreme Court of Louisiana

Decided May 15, 1836PublishedCited by 5 opinions

APPEAL PROM THE COURT OP PROBATES FOR THE PARISH AND CITY OP NEW-ORLEANS. This is an action instituted by the heirs and representatives of Joseph Chardon, deceased, residing in France, against the defendant as testamentary executor, to annul and set aside the will of the deceased. The pleadings and evidence of this case, are so fully set forth in the opinion of the probate judge, that the following extracts are taken as a full statement of the' case.

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APPEAL PROM THE COURT OP PROBATES FOR THE PARISH AND CITY OP NEW-ORLEANS. This is an action instituted by the heirs and representatives of Joseph Chardon, deceased, residing in France, against the defendant as testamentary executor, to annul and set aside the will of the deceased. The pleadings and evidence of this case, are so fully set forth in the opinion of the probate judge, that the following extracts are taken as a full statement of the' case. “Joseph Chardon, formerly of the city of New-Orleans, died in the said city on the 7th of July, 1830. A few days previous to his .death, to wit:…

1Opinion of the CourtBullard, J.

This is an action brought by the heirs at law of Joseph Chardon, to annul a testament purporting to have been made by public act, on various grounds as set forth in their petition. The judgment in the court below being in favor of the defendant, as executor and universal legatee, the plaintiffs prosecute this appeal.

The ground of nullity alleged by the plaintiffs is, that it does not appear from the will itself that it was read over to the testator in presence of the same witnesses who were present at the dictation, but that other witnesses may have been present than those who signed the…

2Cited by5 opinions

  1. Zerega v. PercivalSupreme Court of Louisiana · 1894
  2. Ducasse's Heirs v. DucasseSupreme Court of Louisiana · 1908
  3. Succession of SchlumbrechtSupreme Court of Louisiana · 1915
  4. Succession of RiebelSupreme Court of Louisiana · 1914
  5. Smallwood v. PrattSupreme Court of Louisiana · 1842

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