Succession of Marks
Supreme Court of Louisiana
j^PPEAL from the First District' Court, Parish of Caddo. Taylor, 1. A disposition, couched in terms present or past, or a disposition, the terms of which express no time, refers to the time of making the Will, and embraces only property owned at the date of the will. 0* 0*1720-22. 2. Where the disposition reads “ all the balance of my property I will to my six brothers and two sisters, to be equally divided between them,” it was held that it was a disposition only of present…
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j^PPEAL from the First District' Court, Parish of Caddo. Taylor, 1. A disposition, couched in terms present or past, or a disposition, the terms of which express no time, refers to the time of making the Will, and embraces only property owned at the date of the will. 0* 0*1720-22. 2. Where the disposition reads “ all the balance of my property I will to my six brothers and two sisters, to be equally divided between them,” it was held that it was a disposition only of present property, and did not include future acquisitions. Succession Valentine, •12 An. 286; Lawson’s case, lb. 606. 3. The…
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
James Marks made his olographic will in May, 1879, and died in J une, 1882, at the age of seventy-seven years. He was never married. His nearest surviving relatives are the children of pre-deceased brothers and sisters. After directing the payment of his debts there follows several legacies in separate clauses, and then these two items upon which hinges the construction of the will:
Item 6. I give the balance of my property of every kind and description to (here follow the names of some of his nephews and nieces) to be equally divided between…
2Cases cited1 opinion
- Shane v. Withers's LegateesSupreme Court of Louisiana · 1835
3Cited by10 opinions
- Thomas v. BlairSupreme Court of Louisiana · 1903
- Blakeney v. DuboseSupreme Court of Alabama · 1910
- Ramsey v. BeckSupreme Court of Louisiana · 1922
- Presbyterian Hospital v. BaconSupreme Court of Louisiana · 1928
- Condon v. McCormickLouisiana Court of Appeal · 1961
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