Vernon v. Vernon's Heirs
Supreme Court of Louisiana
APPEAL from the District Court of Washington, Penn, J. 1. The plaintiff is the legitimate son and heir of the deceased; born and reared in lawful wedlock. Is pater est quem nuptial demonstran!. C. C. 203. 2. The declarations of his parents cannot render him illegitimate. Tate v. Penn, 7 N. S. 548. Eloiv. Mader, 1 R. R. 584. 2 Toullier, 119 3 Partidas, tit. 14,1. 19. Pand. lib. 22, tit. 9,1. 29. Lacombe, “ Mat.
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APPEAL from the District Court of Washington, Penn, J. 1. The plaintiff is the legitimate son and heir of the deceased; born and reared in lawful wedlock. Is pater est quem nuptial demonstran!. C. C. 203. 2. The declarations of his parents cannot render him illegitimate. Tate v. Penn, 7 N. S. 548. Eloiv. Mader, 1 R. R. 584. 2 Toullier, 119 3 Partidas, tit. 14,1. 19. Pand. lib. 22, tit. 9,1. 29. Lacombe, “ Mat. Enfant,” No. 10. 2 Manf., 442. Cowper, 591. To the introduction of such evidence, bills of exception were duly taken, and should prevail. 3. No evidence to estabbsh the illegitimacy.…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
This suit was instituted to set aside the last will of John Vernon, deceased; the plaintiff alleging himself to be the son and forced heir of the testator concurrently with the heirs of his deceased brother, Daniel Vernon. By the will the plaintiff was excluded from all share iu the succession, the testator declaring therein that John Vernon was his only legitimate child, and that the children of John were his sole legal heirs: these children were instituted his heirs, under the will, to the exclusion of all others.
The district judge was…
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