Clague's Widow v. Clague's Executors
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PRORATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff, Marie Delphine Justin Laroche, widow of the late Richard Clague, and natural tutrix of the minor children, Richard, Edward and Charles Clague, instituted suit in the Court of Probates against J. & L. Gamier and Thomas Barrett, Esqs., executors of the last will and testament of Richard Clague, deceased, demanding of them to be put in possession of the whole amount of the inventory of the…
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APPEAL FROM THE COURT OF PRORATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff, Marie Delphine Justin Laroche, widow of the late Richard Clague, and natural tutrix of the minor children, Richard, Edward and Charles Clague, instituted suit in the Court of Probates against J. & L. Gamier and Thomas Barrett, Esqs., executors of the last will and testament of Richard Clague, deceased, demanding of them to be put in possession of the whole amount of the inventory of the estate of her deceased husband, after deducting the legal fees and charges attending the settlement thereof. She prays…
1Opinion of the CourtMartin, J.
The plaintiff, in her own right and as tutrix of her minor children, claims from the executors of her husband an account of their executorship, and a delivery of the estate into her hands.
The defendants answered, that the plaintiff is not entitled to any part of the estate in her own right, because a separation of bed and board took place between the plaintiff and her husband, some time previous to his death ; and that she is not entitled to any part of the estate in the right of her children, because the testator made his universal legatees, and appointed the defendants his executors, and…
2Cited by12 opinions
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