Succession of LeBlanc
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. i. The causes for exclusion and removal, established by Art. 308, B. O. C., are not applicable to the mother of illegitimate children, but refer solely to the tutorship of legitimate offspring. The surviving mother is of right tutrix to her natural children duly acknowledged.
Read the full summary
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. i. The causes for exclusion and removal, established by Art. 308, B. O. C., are not applicable to the mother of illegitimate children, but refer solely to the tutorship of legitimate offspring. The surviving mother is of right tutrix to her natural children duly acknowledged. B. 0. O. 256. Art. 256 can only be reconciled with Art. 303, B. C. O., on the ground that the latter does not apply to the mother of illegitimate children ; for the fact that a woman has given birth to a natural child disqualifies her from the…
1Opinion of the Court
The opinion of the Court was delivered bv
Bermudez, C. J.
This is an appeal by a mother from a judgment excluding her from the tutorship of her two minor-sons, on the, ground of notorious bad conduct.
The appellant lived in open concubinage witli the deceased, who married her two weeks before his death in 1872. She had two sons of him, one of whom, now abone fifteen years, was born before, (he other,, now about eleven years, came to life after his dentil.
A number of years after the less of iter husband, the widow lived unmarried during about five years with another man, from whom she had three…
2Cited by2 opinions
- Strawberry Growers' Selling Co. v. LewellynSupreme Court of Louisiana · 1925
- Courtin v. BrowneSupreme Court of Louisiana · 1921