Succession of Schiller
Supreme Court of Louisiana
APPEAL from the Second District Court, parish of Orleans. Tissol, J. The words “It is my will and desire that my estate be distributed among my legal heirs, ■ according to the laws now in force in Louisiana,” used by the testator in his act of last will, are clearly disposable words in favor of his heirs, in this case, his' children j and the will must be held to be a testamentary disposition, in their favor, of his estate.
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APPEAL from the Second District Court, parish of Orleans. Tissol, J. The words “It is my will and desire that my estate be distributed among my legal heirs, ■ according to the laws now in force in Louisiana,” used by the testator in his act of last will, are clearly disposable words in favor of his heirs, in this case, his' children j and the will must be held to be a testamentary disposition, in their favor, of his estate. The statutory usufruct of the widow, to the one-half of the community, belonging to the deceased spouse, exists only when the testator has not by his will disposed of that…
1Opinion
Oar Application eob Rehearing.
The distinguished counsel of the widow of the deceased concedes that J. B. Schiller has made a will valid in form, but he denies that Schiller has thereby disposed of his estate, that is, of all the property belonging to him at.his death, in favor of certain persons, and in certain proportions. He contends that there was no disposition of property, because there was no determinate legatee, and asks what heirs, what proportion, the testator meant. Practically, he demands the nullity of the will.
The undisputed facts of the case do not justify an interpretation of…
2Cases cited1 opinion
- State v. AdamsSupreme Judicial Court of Maine · 1886