Succession of Staub
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; John St. Paul, Judge. In the matter of the successioii of Anna Staub, deceased, involving the question whether a bequest to the City Insane Asylum of New Orleans had lapsed. From a decree adjudging that the legacy had lapsed, the city appeals.
1Opinion of the CourtProvosty, J.
Mrs. Anna Staub made her will in 1881, and died in 1908. She instituted the Little Sisters of the Poor her residuary legatee, and made a bequest of $1,000 to her sister-in-law, and added that, should her sister-in-law die before her—
“then the legacy of $1,000 shall accrue to the below-named insane asylum.
“To the City Insane Asylum I give and bequeath two thousand dollars.”
This bequest is contested on the ground that .the asylum ceased to exist before the death of the testatrix and that the legacy has consequently lapsed.
At the time this will was made the law required, as it has done since and…
2Cases cited3 opinions
- City of New Orleans v. HardieSupreme Court of Louisiana · 1891
- Fink v. FinkSupreme Court of Louisiana · 1857
- Succession of VanceSupreme Court of Louisiana · 1884
3Cited by3 opinions
- First Nat. Life Ins. v. City of New OrleansLouisiana Court of Appeal · 1950
- California Co. v. City of New OrleansLouisiana Court of Appeal · 1952
- LeCarpentier v. N. O. Public Service, Inc.Louisiana Court of Appeal · 1930