Theall v. Theall
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF ST. MARY. This is an action of partition. The plaintiff as surviving wife of the late Joseph Theall, instituted her suit in the Probate Court, for the parish of St. Mary, against the dative testarhentary executor, and the testamentary heirs and legatees of her deceased husband, for a partition of his succession, according to the provisions of his olographic will, duly admitted to probate.
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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF ST. MARY. This is an action of partition. The plaintiff as surviving wife of the late Joseph Theall, instituted her suit in the Probate Court, for the parish of St. Mary, against the dative testarhentary executor, and the testamentary heirs and legatees of her deceased husband, for a partition of his succession, according to the provisions of his olographic will, duly admitted to probate. The will was dated the 9th February, 1832, and the testator died during that year. After making several specific legacies, on particular titles, to his…
1Opinion of the CourtMartin, J.
The only question which this case presents, depends on the meaning of the last clause of the will of Joseph Theall, the plaintiff’s late husband. After making several specific legacies, one of which is in favor of the plaintiff, of the household and kitchen furniture of the testator, and some cattle and hogs, the will concludes by the following clause: “ The rest of my property, both real and personal, I wish to be divided in the following manner : that is to say, one-half of all to my wife; the other half to my brother’s children: that is to say, one-half to James ThealPs daughter Nancy, the…
2Cited by28 opinions
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- Succession of WienerSupreme Court of Louisiana · 1943
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- Giroir v. DumesnilSupreme Court of Louisiana · 1966
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