Mercier v. Sterlin Dative Ex'r
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP PROBATES OF THE PARISH AND CITY OP NEW-ORLEANS. On the 22d of March last, on motion of the attorney appointed by the court to represent the absent heirs of Philip Sterlin, deceased, the dative executor was ruled to show cause why the real estate of the deceased, situated in the parish of Jefferson, should not be resold by the Register of Wills.
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Eastern Dis. APPEAL PROM THE COURT OP PROBATES OF THE PARISH AND CITY OP NEW-ORLEANS. On the 22d of March last, on motion of the attorney appointed by the court to represent the absent heirs of Philip Sterlin, deceased, the dative executor was ruled to show cause why the real estate of the deceased, situated in the parish of Jefferson, should not be resold by the Register of Wills. Sterlin had made two wills; the execution of one of them had been ordered by the Court of Probates. This will was subsequently annulled, and the other confirmed by a final judgment of this court. Vide ante, 100.…
1Opinion of the Court
The opinion of the court, Mathews, J. absent, was delivered by
Portee, J.
*473Tbe testator made two wills. One of them was admitted to probate, and its execution ordered. The executor, in pursuance of this order, proceeded to sell the effects of the estate, but the purchasers did not comply with the conditions on which the property was adjudicated to them; no re-sale, however, was ordered, and things stood in this situation, when a judgment of this tribunal set aside the will which had been admitted to probate, and ordered the execution of one which had previously been made by the testator.
The…
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