Fenner, Henderson & Fenner v. Succession of McCan
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. I. This suit is brought by plaintiffs to recover for professional services rendered in the succession of D. C. and H. C. McCan. 48 An. 145. II. The court a qua had no jurisdiction over a New York guardian to makes the estates of her wards responsible for the attorney’s fees claimed after she was authorized to remove the property out of this State.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. I. This suit is brought by plaintiffs to recover for professional services rendered in the succession of D. C. and H. C. McCan. 48 An. 145. II. The court a qua had no jurisdiction over a New York guardian to makes the estates of her wards responsible for the attorney’s fees claimed after she was authorized to remove the property out of this State. The authority of a foreign guardian over the estates of her wards is strictly territorial and does not extend beyond the Scate of her appointment. Am. and Eng. Ency. of Law,…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiffs brought this suit upon a quantum meruit, ifor their fees for services rendered in defending the wills of the late David C. McCan and his wife, Mrs. Hester C. McCan.
The two wills left by them were duplicate of each other. In making these wills, the testators copied the wills in the Strauss case (Succession of Strauss, 38 An. 55).
These wills were probated and ordered executed. Harry H. Hall was appointed as sole testamentary executor, with seizin of the property. He administered the estate about two years.
Mrs. Stempel, mother of the…
2Cited by10 opinions
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