Duplessis v. Kennedy
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. The plaintiff avers that in 1829, her brother William Carr Withers died, leaving his last will by which he bequeathed all his estate, real and personal, in equal portions to her, to Sarah Ann Withers, her sister, and to Margaret Delia Withers, his wife.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. The plaintiff avers that in 1829, her brother William Carr Withers died, leaving his last will by which he bequeathed all his estate, real and personal, in equal portions to her, to Sarah Ann Withers, her sister, and to Margaret Delia Withers, his wife. That the testator owned a lot of ground situated in the suburb Delor of the city of New-Orleans, containing one hundred and eighty feet in front on the Mississippi river extending backward and forming the like front on New Levee-street, bounded on the upper side by a street which is the prolongation…
1Opinion of the CourtBullard, J.
On the 14th June, 1828, William C. Withers, by act before notary, made a donation to his sister Sarah Ann Withers, of a certain lot of ground. The donee is declared by the notary to have been present and accepting, and she signed the act. Both parties appear to have acted as persons of full age.
The clause of the act containing the conditions and limitations of the donation is in the following words. “To have and to hold the said lot of ground and premises with the appurtenances unto the said Sarah Ann Withers, her heirs and assigns, by title of donation inter vivos upon this condition, that…
2Cited by4 opinions
- Wilson v. WilsonCourt of Appeals of Kentucky · 1917
- Rutherford v. RutherfordLouisiana Court of Appeal · 1976
- Shepherd v. BrooksSupreme Court of Louisiana · 1871
- Succession of McCanSupreme Court of Louisiana · 1895