Shane v. Withers's Legatees
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action by five of the sisters and heirs at law of the late-William Carr Withers, against his widow and two other sisters, whom he instituted his heirs and universal legatees under his will, to the exclusion of all his other relations; in which they claim a division in equal proportions, of all their brother’s estate which was acquired between the date of the will and the death of the testator; and, also, to…
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APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action by five of the sisters and heirs at law of the late-William Carr Withers, against his widow and two other sisters, whom he instituted his heirs and universal legatees under his will, to the exclusion of all his other relations; in which they claim a division in equal proportions, of all their brother’s estate which was acquired between the date of the will and the death of the testator; and, also, to annul a donation inter vivos of a valuable lot of ground to Sarah Ann Withers, his sister, and one of the defendants, by…
1Opinion of the CourtMathews, J.
In this case the plaintiffs sue as heirs of their brother, to recover a portion of his estate or succession, now in the *495possession of the defendants, and by them claimed as , , ' . . . universal legatees, in equal portions.
Judgment was rendered in the court below, for the latter, from which the former appealed.
„ . , , ,, . I he decision of the cause depends on the interpretation or an olographic will, made by W. C. Withers, bearing date the 14th of July, 1823, in which he bequeathed to his wife one-third part of his whole estate, to his sister Sarah Ann one-third, - and to his sister Margaret…
2Cited by7 opinions
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- Succession of BurnsideSupreme Court of Louisiana · 1883
- Succession of MarksSupreme Court of Louisiana · 1883
- Gregory v. HardwickSupreme Court of Louisiana · 1950
- Succession of FormbyLouisiana Court of Appeal · 1961
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