Verret v. Bonvillain
Supreme Court of Louisiana
APPEAL from the Civil District Court for the parish of Orleans. Tissot, J. The law fixes the place of the opening of a succession, “ in the parish where the deceased resided, ifLhe had a fixed domicil or residence in the State,” at the’tirae of his death. C. C. Art. 935. “A change of domicil from one parish to another is produced by the act of residing in another parish, combined with the intention of making one’s principal establishment there.”
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APPEAL from the Civil District Court for the parish of Orleans. Tissot, J. The law fixes the place of the opening of a succession, “ in the parish where the deceased resided, ifLhe had a fixed domicil or residence in the State,” at the’tirae of his death. C. C. Art. 935. “A change of domicil from one parish to another is produced by the act of residing in another parish, combined with the intention of making one’s principal establishment there.” O. C. 41. In ease the declaration provided for in C. C. Art. 42 is not made, “ the proof of this intention shall depend upon circumstances.” C. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
August H. Verret died in the parish of St. Mary, on the 2d of April, 1877. His succession was opened in that parish, and Robert Bonvillain appointed administrator thereof, on the 30th of the same month. On the sixth of July following, Adolph Verret was appointed administrator of the same succession by the Second District Court of New Orleans, on representation made that the deceased was a resident of that city at the time of his death. Bonvillain, as administrator, obtained an order from the parish court of St. Mary to sell the property of the…
2Cited by2 opinions
- Brewster v. EmletSupreme Court of Louisiana · 1929
- Motors Securities Co. v. LoweryLouisiana Court of Appeal · 1949