Succession of Manion
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Petition by Martin H. Manion, one of the named executors in the will of Martin Man-ion, deceased, that the will and codicil be registered and executed and that he he confirmed as executor, and authorized to take an inventory on which an order to that effect was made, with suit by John E. Manion for judgment of partition and for other relief, and pending exceptions of prematurity and no cause of action,…
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Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Petition by Martin H. Manion, one of the named executors in the will of Martin Man-ion, deceased, that the will and codicil be registered and executed and that he he confirmed as executor, and authorized to take an inventory on which an order to that effect was made, with suit by John E. Manion for judgment of partition and for other relief, and pending exceptions of prematurity and no cause of action, the executor filed a provisional account, to which John E. Manion and another filed oppositions and a prayerfor a…
1Opinion of the Court
*801Statement of the Case.
MONROE', C. J.
The decedent died on January 27, 1917, leaving an estate in New Orleans, three sons and two daughters, all of whom had attained majority, and two instruments, written, dated, and signed by him, the one being his last will and the other a codicil thereto. Those instruments (so far as they need be here quoted) read as follows:
“New Orleans, Dec. 31, 1915.
“ * * * I give and bequeath to my sons William J. Manion and Martin H. Manion the disposable portion of my estate that I am permitted by law to dispose of by last will at the time of my death. The balance of…
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