Succession of Colwell
Supreme Court of Louisiana
APPEAL from the Twenty-third Judicial District Court, Parish of West Eaton Rouge. Gole, J. 1. Acknowledgments shall not be made in favor of children whose parents were incapable of contracting marriage at the time of conception.
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APPEAL from the Twenty-third Judicial District Court, Parish of West Eaton Rouge. Gole, J. 1. Acknowledgments shall not be made in favor of children whose parents were incapable of contracting marriage at the time of conception. O. 0. 304. 2. Acknowledgment is a preliminary and necessary act, when legitimation of children is attempted. 3. When the law gives a statics upon the condition of marriage, it means such marriage as it itself prescribes. 4 A. 375 ¡ 12 A. 367. 1. The repeal of Art. 95, and the amendment of Art. 221 of the Civil Code of 1825, by omitting in the Revised Code of 1870, the…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Bermudez, C. J.
This is a contest for the Succession of T. W. Colwell.
The application of the two legitimate sisters of the deceased to bo recognized as his nearest of kin, and, as snoli, put in possession of his estate, is opposed by certam children of his, who claim to be his forced and only heirs.
From a judgment against them, the sisters have appealed.
Tlie facts are, that the children who claim, to the exclusion of tlie sisters, are the issue of Colwell, who was a white man, with Delia MoCalop, who was a colored woman. They were conceived and born at…
2Cases cited19 opinions
- State v. GibsonIndiana Supreme Court · 1871
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Green v. StateSupreme Court of Alabama · 1877
- Drehman v. StifleSupreme Court of the United States · 1870
- Lane v. WhiteSupreme Court of Pennsylvania · 1891
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