Succession of McMahon
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Petition by John A. Muldoon and others, alleged legal heirs, against George Herbert, Jr., executor of the will, of Mrs. Mary McMahon, deceased, attacking the validity of her probated will, and asking that it be declared void. Suit dismissed as in case of nonsuit, and plaintiffs appeal.
1Opinion of the CourtSommer Ville, J.
Mrs. Mary McMahon left a last will and testament, in which she named several legatees and an executor. The will was admitted to probate, and was ordered executed.
The plaintiffs, four in number, alleging themselves to be the legal heirs of the deceased, filed a petition, attacking the validity of the will, and asking that it be declared null and void. They made the executor the only party defendant.
The executor filed an exception of nonjoinder of parties, insisting that the legatees were necessary parties defendant to the suit. The exception was sustained, and plaintiffs were given 30 days’…
2Cases cited9 opinions
- St. Charles St. R. v. Fidelity & Deposit Co.Supreme Court of Louisiana · 1903
- Succession of GroverSupreme Court of Louisiana · 1897
- Succession of BarkerSupreme Court of Louisiana · 1855
- Curtis v. JordanSupreme Court of Louisiana · 1903
- Valsain v. CloutierSupreme Court of Louisiana · 1831
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3Cited by6 opinions
- Saxton v. Plum Orchards, Inc.Supreme Court of Louisiana · 1949
- Neal v. HallLouisiana Court of Appeal · 1946
- Bogan v. ByromLouisiana Court of Appeal · 1963
- La Fleur v. DupuisLouisiana Court of Appeal · 1962
- Pollard v. McGreggorsSupreme Court of Alabama · 1940
1 more not listed; retrieve them via the Exa API.