Succession of Hébert
Supreme Court of Louisiana
APPEAL from the Twenty-Fifth Judicial District Court, parish of Lafayette. Moulton, J. Tlie capacity and status of an heir is to be determined by the laws in existence at the date of opening of the succession. The status of a child depends upon that of the mother, the child of a free woman is free, 'and the child of a white woman is white.
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APPEAL from the Twenty-Fifth Judicial District Court, parish of Lafayette. Moulton, J. Tlie capacity and status of an heir is to be determined by the laws in existence at the date of opening of the succession. The status of a child depends upon that of the mother, the child of a free woman is free, 'and the child of a white woman is white. Illegitimate children may prove their maternal descent and the acknowledgment of their mother by any legal evidence, for all purposes. 26 An. 99; 4 An.-305-6; C.C.212; 6 La. 57U. The paternal descent of a child cannot be proven to affect his right of…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The succession of Mélasie Hebert was opened by her collateral relatives, two of whom prayed to be appointed to administer it. Their application was opposed by Emelia Hebert, repre*1101senting herself as the acknowledged natural daughter and sole issue of the deceased, and averring that, in the absense of debts and charges, an administration was unnecessary and would prove onerous. She prayed that the petition be dismissed and that she be recognized as the sole heir of the deceased and put in possession of her estate.
An appearance was entered…
2Cases cited1 opinion
- Jung v. DoriocourtSupreme Court of Louisiana · 1832
3Cited by22 opinions
- McAllister v. RowlandSupreme Court of Minnesota · 1913
- Briggs v. McLaughlinSupreme Court of Louisiana · 1913
- Succession of CorseySupreme Court of Louisiana · 1930
- Murdock v. PotterSupreme Court of Louisiana · 1923
- Succession of GravierSupreme Court of Louisiana · 1910
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