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Legal Opinion

Succession of Fisher

Supreme Court of Louisiana

Decided May 26, 1958No. 43442PublishedCited by 12 opinions

1Opinion of the Court

HAWTHORNE, Justice.

This suit was brought by the two surviving brothers of Mrs. Julia Hochfelder Fisher to have the residuary legacy in her will declared invalid on the ground that the residuary legatee, the First Church of Christ, Scientist, in Boston, Massachusetts, is an unincorporated association and hence incapable of receiving a donation mortis causa under Louisiana law, and also because the legacy is prohibited by Article 1489 of our Civil Code. The legacy which the testatrix’ brothers are trying to overthrow reads:

“The balance and remainder of my estate, real and personal, that I die…

2Cases cited14 opinions

  1. Dittemore v. DickeyMassachusetts Supreme Judicial Court · 1924
  2. First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
  3. Cormier v. MyersSupreme Court of Louisiana · 1953
  4. Succession of MeunierSupreme Court of Louisiana · 1899
  5. Scott v. KeySupreme Court of Louisiana · 1856

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Ermert v. Hartford Ins. Co.Supreme Court of Louisiana · 1990
  2. Hawsey v. Louisiana Department of Social Services, Texas Court of Appeals, 1st District (Houston)1996
  3. Succession of SimmsLouisiana Court of Appeal · 1965
  4. Bonura v. United Bankers Life Ins. Co.Louisiana Court of Appeal · 1989
  5. Levert v. University of Illinois at Urbana/Champaign ex rel. Board of TrusteesLouisiana Court of Appeal · 2003

7 more not listed; retrieve them via the Exa API.

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