Legal Opinion

Lewis' Heirs v. His

Supreme Court of Louisiana

Decided April 15, 1833PublishedCited by 6 opinions

APPEAL FROM THE COURT OF PROBATES OF THE PARISH AND CITV OF NEW-ORLEANS. The plaintiffs, residing in Virginia, sued as the brothers and heirs of the late Robert Lewis, who died in August, 1832, leaving an estate in New-Orleans. The defendants were his executor, the legatees, and the attorney representing the absent heirs.

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APPEAL FROM THE COURT OF PROBATES OF THE PARISH AND CITV OF NEW-ORLEANS. The plaintiffs, residing in Virginia, sued as the brothers and heirs of the late Robert Lewis, who died in August, 1832, leaving an estate in New-Orleans. The defendants were his executor, the legatees, and the attorney representing the absent heirs. This action was brought to set aside the mystic will of the deceased; to compel the executor to render his account, and transfer to the plaintiffs all the effects of the succession in his hands. It was alleged that in making the testament, the deceased had not complied with…

1Opinion of the Court

The opinion of the court, Mathews, J. absent, was delivered by

Pouter, J.

This is an action instituted by the heirs of the deceased Robert Lewis, to annul and set aside an instrument which had been probated as his last will and testament; or in case the will should not be declared void in toto, to have certain bequests therein, contained, annulled.

Heirship may to proved by reputa-«onand othercor-roborating facts Sflmrtatowhere iiavebecaibmed0. winie an <yaer tL Story™bates directing execution 0f n wjllieunreversed no other court vhi void! prevent its execution, or collaterally examine the…

2Cited by6 opinions

  1. Ellis v. DavisSupreme Court of the United States · 1883
  2. In Re Yowell's EstateUtah Supreme Court · 1930
  3. In re the Succession of CarrollSupreme Court of Louisiana · 1876
  4. Succession of DuplessisSupreme Court of Louisiana · 1845
  5. Robert v. Allier's AgentSupreme Court of Louisiana · 1841

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