City of New Orleans v. Hardie
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. The following clause appears in the will of the late Colin J. Nicholson: “ To the support of asylums in the faith of the Protestant religion, specially devoted to the care of aged persons, $5000. This, or these, as the case may be, to be located in the city or parish of Orleans, La., and I leave to my executor the selection of such institution or institutions.” 2. In tlie absence of an asylum in the…
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. The following clause appears in the will of the late Colin J. Nicholson: “ To the support of asylums in the faith of the Protestant religion, specially devoted to the care of aged persons, $5000. This, or these, as the case may be, to be located in the city or parish of Orleans, La., and I leave to my executor the selection of such institution or institutions.” 2. In tlie absence of an asylum in the City of New Orleans, of the character de scribed by the testator at the date of his death, the legacy does not lapse and…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
The question presented in this controversy consists in determining whether a legacy of $5000 accrues to either of the three litigants, to the exclusion of the others.
The appeal is taken by the city and by the defendant from á judgment awarding it to the German Protestant Home.
It appears that on May 31, 1873, Oolin J. Nicholson, made "his olographic last will, which contains among others, a bequest: “ To the support of asylums, in the faith of the Protestant religion, especially devoted to-care of aged persons, five thousand ($5000)…
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