State v. Judge of Probates in New Orleans
Supreme Court of Louisiana
AN APPLICATION POR A MANDAMUS. This is an application for a mandamus, commanding the Judge of Probates for the city and parish of New Orleans, to admit and order the will of Charles M'Manus, deceased, opened and probated in the State of Kentucky, to be enregistered and made executory here, without appointing a dative testamentary executor and attorney for absent beirs. A rule was taken on the judge in this court to show cause why the mandamus should not issue as prayed for.
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AN APPLICATION POR A MANDAMUS. This is an application for a mandamus, commanding the Judge of Probates for the city and parish of New Orleans, to admit and order the will of Charles M'Manus, deceased, opened and probated in the State of Kentucky, to be enregistered and made executory here, without appointing a dative testamentary executor and attorney for absent beirs. A rule was taken on the judge in this court to show cause why the mandamus should not issue as prayed for. The judge showed for cause the reasons of his judgment rendered in the case. 1. The applicants exhibit the last will of…
1Opinion of the CourtSimon, J.
An application having been made to the Court of Probates by the testamentary executors of Charles M'Manus, for the registry and execution of the will of the deceased, with a prayer that the petitioners be recognized as the testamentary executors of the said will, and authorized to act in that capacity in this State ; the judge of the said court ordered the said will to be registered and executed; and disregarding the last prayer of the applicants’ petition, proceeded to appoint a dative testamentary executor, and an attorney to' represent the absent heirs.
The petitioners, who reside in the…
2Cases cited2 opinions
- Percy v. Provan'sSupreme Court of Louisiana · 1840
- Berluchaux v. BerluchauxSupreme Court of Louisiana · 1835
3Cited by2 opinions
- Succession of WedderburnSupreme Court of Louisiana · 1842
- Dixon v. D'ArmondSupreme Court of Louisiana · 1871