Succession of Cunningham
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans ; George I-I. Théard, Judge. Succession of Edward Cunningham. Petition by Patrick H. Cunningham and others to set aside a judgment probating an olographic Will, opposed by Mrs. Elizabeth Grace Cunningham, with Mrs. Mary Cunningham Brooks intervening.
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Appeal from Civil District Court, Parish of Orleans ; George I-I. Théard, Judge. Succession of Edward Cunningham. Petition by Patrick H. Cunningham and others to set aside a judgment probating an olographic Will, opposed by Mrs. Elizabeth Grace Cunningham, with Mrs. Mary Cunningham Brooks intervening. From a judgment of the civil district court, dismissing the petition, and declaring another instrument to be the olographic last will of deceased, petitioners and intervener appeal.
1Opinion of the Court
SOMMERVILLE, 5.
The trial judge, in an ably written opinion, in favor of Mrs. Elizabeth Grace Cunningham, the divorced wife of decedent, has stated the facts of the case, and the law applicable thereto. It will be adopted as the opinion of this court. The legal heirs of Edward Cunningham have appealed.
The opinion of Judge Théard follows:
“Edward Cunningham died on June 27, 1915, leaving an olographic testament as follows:
“ ‘New Orleans La. July 6, 1909.
“ ‘Being of Sound Miend and good Bodly health I do hereby make this my last will and testement I give and Beaqueath to my Dear Wife all that I…
2Cases cited4 opinions
- Lansing v. HaynesMichigan Supreme Court · 1893
- Serio v. TrainorSupreme Court of Louisiana · 1916
- Succession of BurnsideSupreme Court of Louisiana · 1883
- Succession of HerberSupreme Court of Louisiana · 1911
3Cited by28 opinions
- Estate of MoodyCalifornia Court of Appeal · 1953
- In Re Succession of NunleySupreme Court of Louisiana · 1953
- Jones v. KyleSupreme Court of Louisiana · 1929
- Succession of BoydSupreme Court of Louisiana · 1975
- Succession of SmartSupreme Court of Louisiana · 1948
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