Succession of Holbert
Supreme Court of Louisiana
APPEAL from the First District Court of New Orleans, McHenry, J. as to the right of the widow to claim from the succession of the husband an allowance for mourning dresses, relied on C. C. arts. 2353, 2389, 2391 ; 3 La. 154, 465 ; 12 La. 129 ; contending that such an allowance could only be made where there was a dowry. cited, to the same point, 14 Toullier, no. 279. 13 Ibid. 243. 14 Duranton, 467. 19 lb. 47. Boileau, Comm, on Code Nap. art. 1570. 10 Mart. 188. C. C. 2353.
1Opinion of the Court
The judgment of the court was pronounced by
King, L
The administratrix of Holbert presented a provisional tableau of distribution, which was opposed by M. L. Dawson Sf Co., who allege that they are creditors of the deceased. The grounds of opposition are: 1st. That the opponents have not been recognized as creditors, with the first privilege for the amount of their demand. 2d. That the sum proposed to be paid for funeral expenses is excessive. 3d. That the sum allowed to the widow for mourning dresses, is unauthorized by law. 4th. That the fee awarded to counsel of the succession is excessive,…
2Cases cited4 opinions
- Campbell v. His CreditorsSupreme Court of Louisiana · 1842
- Hagan v. SompeyracSupreme Court of Louisiana · 1831
- Johnson v. DuncanSupreme Court of Louisiana · 1818
- Michot v. Flotte's AdministratrixSupreme Court of Louisiana · 1838
3Cited by1 opinion
- Malloy v. SmithLouisiana Court of Appeal · 1961