Legal Opinion
Succession of Elmore
Supreme Court of Louisiana
Decided June 15, 1909No. 17,491PublishedCited by 5 opinions
Appeal from Civil District Court, Parish of Orleans; Thomas O. T. Ellis, Judge. Succession of Albert Elmore. Prom a judgment annulling the will in favor of minor adulterine children, the dative testamentary executrix and the curator ad hoe appeal.
1Opinion of the Court
PROVOSTY, X
The widow of the de cujus attacks his will made in favor of his adulterine children. The provision of our Civil Code governing the matter is article 1488, which reads as follows:
“Natural fathers and mothers can, in no case, dispose of property in favor of their adulterine or incestuous children, unless to the mere amount of what is necessary to their sustenance, or to procure them an occupation or profession by which to support themselves.”
In the instant suit the children ask that the will be not annulled altogether, but merely reduced to the amount which by said article their…
2Cases cited3 opinions
- Succession of VanceSupreme Court of Louisiana · 1903
- Bennett v. CaneSupreme Court of Louisiana · 1866
- Succession of Taylor v. TaylorSupreme Court of Louisiana · 1860
3Cited by5 opinions
- Succession of HaydelSupreme Court of Louisiana · 1937
- Thompson v. FrymireLouisiana Court of Appeal · 1971
- Labine v. VincentSupreme Court of the United States · 1971
- Labine v. VincentSupreme Court of the United States · 1971
- Succession of BarrLouisiana Court of Appeal · 1929