Succession of McCan
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish, of Orleans. Theard, J. I. There are some questions of law, the final settlement of which is vastly more important to society than how they are settled; and among these are rules of property long recognized and acted upon, and under which rights have vested. Misera est servitus ubi jus est vagum aut incertum.
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A PPEAL from the Civil District Court for the Parish, of Orleans. Theard, J. I. There are some questions of law, the final settlement of which is vastly more important to society than how they are settled; and among these are rules of property long recognized and acted upon, and under which rights have vested. Misera est servitus ubi jus est vagum aut incertum. Broome’s Legal Maxims, p. *151; Endlich on Interpretation of Statutes, Sec. 363, p. 508; Aicard vs. Daly, 7 An. 612; Farmer’s Heirs vs. Fletcher, 11 An. 142; Wells on Res Adjudieata and Stare Deeisis, Secs. 597, 598, pp. 547, 548;…
1Concurrence
CONCURRING Opinion.
WATKINS, J.
Taken by themselves, the provisions of the will which dispose of the property of the testatrix, possibly do not amount to a substitution prohibited by law, and same may be considered as alternate or conditional bequests or vulgar substitutions permitted by law. Yet the Code not only prohibits the creation of substitutions, but fidei commissa as well.
The will of Mrs. McOan provides “that during the minority of the grandchildren” the money and property “ given them conditionally (shall) be administered by my friend, Harry H. Hall, and my hus - band,” etc., and not…
2Cases cited4 opinions
- Arnaud v. TarbeSupreme Court of Louisiana · 1832
- Clague's Widow v. Clague's ExecutorsSupreme Court of Louisiana · 1838
- Duplessis v. KennedySupreme Court of Louisiana · 1834
- Rachal v. RachalSupreme Court of Louisiana · 1841