Succession of Flynn

Appellants are the collateral heirs of the decedent. They appeal from a judgment sustaining an exception of no cause of action to their petition attacking her will. By the terms of the will, a member of the bar, not related to the decedent, was instituted her universal legatee. Petitioners charge the legacy is a fidei commissum, in that the legatee had agreed to transfer the estate to a son of the testatrix, who was alleged to be an adulterous bastard.

It appears from the averments of the petition that the testatrix obtained a judgment of separation from bed and board from her first 'husband,…