Succession of Desina
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Succession of Gladys Desina, deceased wife of Walter S. Maestri. From a judgment confirming Walter S. Maestri as tutor and appointing Csosar Maestri as undertutor, and a judgment dismissing petition by Marco Desina and discharging John B. Sbisa as tutor ad hoc, Marco Desina and John B. Sbisa appeal.
1Opinion of the CourtBreaux, C. J.
Appellants question the validity of a judgment whereby it is held that an exception of vagueness, want of capacity to bring suit, and of no cause of action was well taken and properly before the court for its consideration, and for that reason sustained. Appellants also complain of the judgment in that it holds that there is a conflict of interest between the under-tutor and the minor; also in that it holds that it is the duty of the undertutor to provoke proceedings against the tutor and directs Maestri to file proceedings against the tutor of Gladys Maestri, Marco Desina; also in directing…
2Cases cited5 opinions
- Succession of DesinaSupreme Court of Louisiana · 1908
- Succession of WalkerSupreme Court of Louisiana · 1880
- Succession of CarbajalSupreme Court of Louisiana · 1903
- Welch v. BaxterSupreme Court of Louisiana · 1893
- Barbin v. SchwartzenbergSupreme Court of Louisiana · 1903
3Cited by3 opinions
- State Ex Rel. Booth v. ByingtonDistrict Court of Appeal of Florida · 1964
- Ervin v. Shelby's HeirsSupreme Court of Louisiana · 1920
- Castille v. GallagherSupreme Court of Louisiana · 1944