Filhiol v. Schmidt
Supreme Court of Louisiana
Action by H. H. Filhiol against Inez Schmidt. E. T. Lamkin, tutor, intervened. Judgment dismissing the intervention, and intervener applies for writ of mandamus to compel the granting of suspensive appeals and for a writ of prohibition.
1Opinion of the Court
Statement of the Case.
MONROE, J.
It appears, from the petition, exhibits, and return herein, that Roland M. Filhiol, at his death, left an olographic will by which, after certain special legacies, he bequeathed the residue of a large estate to Inez Schmidt and appointed her his executrix. This will was attacked by H. H. Fil-hiol, a brother of the testator, and beneficiary of his bounty, and there was a judgment confirming Inez Schmidt as executrix, but reducing the bequest in her favor to one-tenth of the estate, payable from the movables. Thereafter, in May, 1908, E. T, Lamkin, tutor ad hoc…
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