Legal Opinion

Succession of Larendon

Supreme Court of Louisiana

Decided November 15, 1887No. 9933PublishedCited by 7 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. Both the form and effect of an ante nuptial gift of real estate, situated in Georgia, are governed by the law of that State.

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APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. Both the form and effect of an ante nuptial gift of real estate, situated in Georgia, are governed by the law of that State. Georgia Code, § 8, 1782,1950, 2741, 2692, 2657, 2658, 2659, 2660, 58, 59, 2706; Story, § 438, 444, 444a, 475; Prolix, No. 60, 72, 73, 85; 27 Texas, 38; 1 Zacliariro, § 31. This gift, when clothed with the form prescribed by that law, is valid, by the comity of nations, in the State of Louisiana, no positive rule whereof denies or restrains the operation of said foreign law. Story, §§ 29, 30, 31,…

1Opinion of the Court

Tlie opinion of the Court was delivered by

Bermudez,- C. J.

The main question presented in this case is *954whether an act of donation drawn up in Louisiana, according' to the law of Georgia, designed to convey real estate in that State, is a nullity, because not passed before a notary and two witnesses and not accepted in terms, as the law of Louisiana requires.

The next question is, whether if such act be valid, the donation presumed to have been accepted by the law of Georgia, until the contrary be established, has been shown not to have been accepted and, if not so shown, whether the case ought…

2Cases cited1 opinion

  1. Herschfeld v. Dexel & Co.Supreme Court of Georgia · 1853

3Cited by7 opinions

  1. Thomson v. KyleSupreme Court of Florida · 1897
  2. Baker v. BakerSupreme Court of Louisiana · 1910
  3. Succession of MartinLouisiana Court of Appeal · 1962
  4. Riley v. BurroughsNebraska Supreme Court · 1894
  5. Smith v. Ingram.Supreme Court of North Carolina · 1903

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