Hart v. Thompson's
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF IBERVILLE. The plaintiff, Martha Hart, a widow, residing in Tennessee, alleges, she is the sister of Joseph Thompson, late of the parish of Iberville, who died without leaving any legitimate heirs, ascendants or descendants; and that she is his nearest collateral and sole legal heir.
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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF IBERVILLE. The plaintiff, Martha Hart, a widow, residing in Tennessee, alleges, she is the sister of Joseph Thompson, late of the parish of Iberville, who died without leaving any legitimate heirs, ascendants or descendants; and that she is his nearest collateral and sole legal heir. She alleges, that the will of her deceased brother, which has been admitted to probate, is null and void on several grounds. 1. That the testator was not of sound mind at the time of making the will, and had been insane for several years before signing it. 2.…
1Opinion of the CourtMorphy, J.
The plaintiff, alleging herself to be the legitimate sister of Joseph Thompson, deceased, seeks to annul and set aside the last will of the latter, and, in case the will is not avoided in loto, to have certain legacies therein contained, annulled. Of all .the grounds assumed by counsel, it is thought necessary to notice only the following :
1. The insanity o'f the testator.
2. The failure to comply with article 1577 of the Louisiana Code, in properly closing and sealing the will.
3. The fact that the universal legacy to C. H. Dickinson contains a jidei commissum, by which said apparent legatee…
2Cited by8 opinions
- Morris v. Executors of CainSupreme Court of Louisiana · 1887
- Heirs of Hennessey v. WoulfeSupreme Court of Louisiana · 1897
- Succession of NortonSupreme Court of Louisiana · 1977
- Succession of FertelSupreme Court of Louisiana · 1946
- In Re: Sealed CaseCourt of Appeals for the D.C. Circuit · 1997
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