McNeely v. McNeely
Supreme Court of Louisiana
A PPEAL from the Fourth Judicial District Court for the Parish of Grant. Machen, J. Statement oe the Case. On November 7, 1893, Mary L. McNeely in her capacity as tutrix of her minor child, Ross B. McNeely, filed a petition in the District Court for Grant parish, in which she alleged that the said child was born on the 10th of April, 1890, being the issue of her marriage with Ludlow McNeely; that her husband died on or about the 29th of April, 1893, leaving no other…
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A PPEAL from the Fourth Judicial District Court for the Parish of Grant. Machen, J. Statement oe the Case. On November 7, 1893, Mary L. McNeely in her capacity as tutrix of her minor child, Ross B. McNeely, filed a petition in the District Court for Grant parish, in which she alleged that the said child was born on the 10th of April, 1890, being the issue of her marriage with Ludlow McNeely; that her husband died on or about the 29th of April, 1893, leaving no other descendants. That on or about the 12th of May, 1893, John H. McNeely petitioned said court to probate and order to be executed a…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The tutrix of the minor, Ross B. McNeely, denies in this court that J. H. McNeely was ever put in possession of the estate of L. McNeely. He avers that “ no such judgment was ever rendered; that the clerk probated the will, confirmed the said McNeely as testamentary executor and granted him letters of executorship, and at the same time made the following order: ‘That J. H. McNeely be recognized and confirmed as testamentary executor of his brother, Ludlow McNeely, he having taken the oath required by law as such with power to…
2Cases cited1 opinion
- State v. Judge of the Court of Probates of New OrleansSupreme Court of Louisiana · 1843
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