Legal Opinion

Bouquette's Guardian v. Donnet

Supreme Court of Louisiana

Decided February 15, 1831PublishedCited by 1 opinion

APPEAL FROM THE COURT OF PROBATES 'FOR THE. PARISH AND CITY OF NEW-ORLEANS. The defendant, testamentary executor of his deceased wife, having sold a slave which his testatrix had bequeathed to Rouquette, was sued by the plaintiffs (heirs of the legatee) to recover the proceeds of the sale. The defendant pleaded that the legatee, previous to her death, had released and abandoned to him, all right and title to the slave bequeathed to her by the testatrix.

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APPEAL FROM THE COURT OF PROBATES 'FOR THE. PARISH AND CITY OF NEW-ORLEANS. The defendant, testamentary executor of his deceased wife, having sold a slave which his testatrix had bequeathed to Rouquette, was sued by the plaintiffs (heirs of the legatee) to recover the proceeds of the sale. The defendant pleaded that the legatee, previous to her death, had released and abandoned to him, all right and title to the slave bequeathed to her by the testatrix. The court below gave judgment for the plaintiffs, and the defendant appealed. 1. The Court of Probates has no jurisdiction in an action for…

1Opinion of the CourtPorter, J.

The petition states, that by the last will and testament of jfone Cousin, deceased, a certain slave was bequeathed to the v mother of the minors, whom the plaintiff, in this action represents. That she is since dead, and that they are her representatives, with their brothers and sisters, and that the defendant, who was executor of said will, has sold the slave for , the sum of fifteen hundred dollars.

It further alleges, that the defendant has refused to pay to the petitioner, the sum due to the minors, for whom he is guardian, and it prays for judgment against him for the sum of six hundred…

2Cited by1 opinion

  1. Fourniquet v. PerkinsSupreme Court of the United States · 1849

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