State v. Judge of Probates
Supreme Court of Louisiana
An application for a mandamus. This is an application for a mandamus, commanding the judge of probates for the oity and parish of New Orleans, to admit and order the will of Oharles McManus, deceased, opened and probated in the State of Kentucky, to be unregistered and made executory here, without appointing a dative testamentary executor and attorney for absent heirs.
Read the full summary
An application for a mandamus. This is an application for a mandamus, commanding the judge of probates for the oity and parish of New Orleans, to admit and order the will of Oharles McManus, deceased, opened and probated in the State of Kentucky, to be unregistered and made executory here, without appointing a dative testamentary executor and attorney for absent heirs. A rule was taken on the judge in this court to show cause why the mandamus should not be issued as prayed for. The judge showed for cause the reasons of his judgment rendered in the case. made the following points: 1. The…
1Opinion of the CourtSimon, J.
An application having been made to the court of probates by the testamentary executors of Oharles McManus, for the registry and execution of the will of the deceased, with a prayer that the petitioners be recognized as the testamentary executors of the said will, and authorized to act in that capacity in this State; the judge of the said court ordered the said will to be registered and executed; and disregarding the last prayer of the" applicants’ petition, proceeded to appoint a dative testamentary executor, and an attorney to represent the absent heirs.
The petitioners, who reside in the…
2Cases cited3 opinions
- Addison v. New-Orleans Savings BankSupreme Court of Louisiana · 1840
- Percy v. Provan'sSupreme Court of Louisiana · 1840
- Berluchaux v. BerluchauxSupreme Court of Louisiana · 1835