Succession of Buissiere
Supreme Court of Louisiana
APPEAL from the CiWl District Court for the Parish of Orleans. King, J. Among* collateral relations marriage is prohibited between uncle and niece. O. C. Art. 95; C. ET. 161 to 162; 34 Ann. 270; 15Ann. 342, 441. Art. 118 of the Civil Code has no application, when the good faith is claimed to flow from an error of law. Tgnorantia juris, neviinem excused. C. C. Aarts. 1112 and 1488,1840; Eavard, Yol. 3, p. —; Dalvincourt. professor of the law faculty of Paris, Chap.
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APPEAL from the CiWl District Court for the Parish of Orleans. King, J. Among* collateral relations marriage is prohibited between uncle and niece. O. C. Art. 95; C. ET. 161 to 162; 34 Ann. 270; 15Ann. 342, 441. Art. 118 of the Civil Code has no application, when the good faith is claimed to flow from an error of law. Tgnorantia juris, neviinem excused. C. C. Aarts. 1112 and 1488,1840; Eavard, Yol. 3, p. —; Dalvincourt. professor of the law faculty of Paris, Chap. III. p. 75, and note — p. 114; Arret de la cour de Colmar du 14 juin 1838; Mareadó, Yol. I, p. 522, Ko. II, $ 693, Yol. 1, p. 524,…
1Opinion of the Court
Tlio opinion of tlie Court was delivered by
Bermudez, C. J.
Kouiain Bnissiére, a Frenchman, died in 1887, leaving a will by which he bequeathed the usufruct of part of his estate to his wife and instituted their daughter his universal legatee.
He left three sisters and a brother. Two of tlie former, joined by the latter, bring this action to annul the will of the deceased, on tlio ground of the nullity of his marriage and the consequent illegitimacy of its offspring, and also, because the will contains a prohibited substitution and fidei commissnm.
II
The marriage! is charged with nullity, as…
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