State v. Sykes
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. The law of Louisiana, like that of Prance, calls the State to a succession in two capacities : as heir at law and as trustee* O. C. 929 ; C. LT. 768; C. O. 485; C. N. 539 ; 6 Duran-ton, 344, 345; 12K.584; 3 La. 374 ; 6 La. 653; 5 Kob. 9; 11 Ann. 59. 2. “The succession of persons who die without heirs, or which are not claimed by those having- a right to them, belong to the State.”
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APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. The law of Louisiana, like that of Prance, calls the State to a succession in two capacities : as heir at law and as trustee* O. C. 929 ; C. LT. 768; C. O. 485; C. N. 539 ; 6 Duran-ton, 344, 345; 12K.584; 3 La. 374 ; 6 La. 653; 5 Kob. 9; 11 Ann. 59. 2. “The succession of persons who die without heirs, or which are not claimed by those having- a right to them, belong to the State.” C. C. arts. 485, 917 and 929. 3. The State is an irregular heir, and nmst he decreed so to he, when she comes into court and’ sets up…
1Opinion of the Court
The opinion of the Court was delivered by
Pocriíb, J.
This litigation involves the question of the title to the property left by Kite Townsend, a noted courtesau, who died in New Orleans on the 3d of November, 1883.
At her death she left a will by notarial act, executed on the 9th of September, 1873, by which she bequeathed all her property to one Troisville E. Sykes, whom she therein instituted her universal legatee, appointing him also executor of her said will.
In December of the same year the State brought the present suit for the purpose of annulling and setting aside the will on several…
2Cases cited1 opinion
- Layre v. PascoSupreme Court of Louisiana · 1843
3Cited by18 opinions
- Stephan v. United StatesCourt of Appeals for the Sixth Circuit · 1943
- Davidson v. American Paper Mfg. Co.Supreme Court of Louisiana · 1937
- Succession of DasteSupreme Court of Louisiana · 1910
- Caldwell v. TurnerSupreme Court of Louisiana · 1911
- State v. DavisSupreme Court of Iowa · 1945
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