Legal Opinion

Urquhart v. Sargent

Supreme Court of Louisiana

Decided February 15, 1847Published

APPEAL from tlie District Court of Concordia, Curry, J. This action was instituted by Mary Urquhart, the only surviving child of Mary Sargent, by her first husband David Williams, and by the children of James C. Williams, her brother. The ancestor of the plaintiffs, David Williams, died in 1792, leaving four children. Mary, one of the plaintiffs, and James C., David, and Anna Williams.

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APPEAL from tlie District Court of Concordia, Curry, J. This action was instituted by Mary Urquhart, the only surviving child of Mary Sargent, by her first husband David Williams, and by the children of James C. Williams, her brother. The ancestor of the plaintiffs, David Williams, died in 1792, leaving four children. Mary, one of the plaintiffs, and James C., David, and Anna Williams. His widow was married, in 1793, to Wzntlvop Sargent, who died in 1822, leaving two sons, George W. Sargent, the defendant, and another son, who died in 1823, intestate, unmarried, and without issue. David…

1Opinion of the Court

The judgment of the court was pronounced by

Eustis, C. J.

Winihrop Sargent married the widow of David Williams. The plaintiffs are Mrs. Urquhart, issue of the first marriage, and the children of James C. Williams, her brother. George W. Sargent, the defendant, is the only surviving issue of the second marriage. The late Mrs. Sargent, as surviving ascendant in the maternal line, took half the succession of her three grand children, the minor children of the late Jonathan Thompson, in 1823. It is contended by the plaintiffs that she was only entitled to the usufruct, in consequence of her second…

2Cases cited5 opinions

  1. Trahan v. McMannusSupreme Court of Louisiana · 1831
  2. Flores v. LemeeSupreme Court of Louisiana · 1840
  3. Cox v. BrashearSupreme Court of Louisiana · 1842
  4. D'Orgenoy v. DrozSupreme Court of Louisiana · 1839
  5. Burton's Heirs v. BurtonSupreme Court of Louisiana · 1840

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