Legal Opinion

Bird's Heirs v. Black

Supreme Court of Louisiana

Decided June 15, 1836PublishedCited by 5 opinions

Easkbun Dist. APPBAI. FROM, the'COURT OF PROBATES FOR THE PARISH OF EAST BATON ROUSE. This suit was instituted b'y Abraham, John and Thompson Bird, uncles of the minor children of William Bird, their deceased brother, to remove the defendant, Andrew Black, from his office of under-tutor to said minors, on account of neglect and want of proper attention to their interests.

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Easkbun Dist. APPBAI. FROM, the'COURT OF PROBATES FOR THE PARISH OF EAST BATON ROUSE. This suit was instituted b'y Abraham, John and Thompson Bird, uncles of the minor children of William Bird, their deceased brother, to remove the defendant, Andrew Black, from his office of under-tutor to said minors, on account of neglect and want of proper attention to their interests. The plaintiffs allege, that William Bird died in 1830, leaving two minor children, and a valuable sugar and cotton estate, appraised at twenty-five thousand dollars, which was his own .separate property; that his widow, who…

1Opinion of the CourtMartin, J.

In this case, the brothers of William Bird, deceased, alleging themselves the uncles of his two minors, instituted a suit in the Court of Probates for the parish of East Baton Rouge, against the defendant, as under-tutor of said minors, praying his removal from office, on the ground of neglect of duty.

The defendant pleaded an exception, averring that the plaintiffs had shown no right in themselves to sue, or any legal cause of complaint against him as under-tutor, &c.; and to the merits they pleaded the general issue.

The judge of probates, on hearing the parties, was of opinion the grounds…

2Cited by5 opinions

  1. Fraser v. ZyliczSupreme Court of Louisiana · 1877
  2. Lillard v. KempSupreme Court of Louisiana · 1844
  3. Castille v. GallagherSupreme Court of Louisiana · 1944
  4. State ex rel. Conery v. St. PaulSupreme Court of Louisiana · 1903
  5. Succession of DesinaSupreme Court of Louisiana · 1914

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