Succession of Heffner
Supreme Court of Louisiana
A PPEAL from the First Judicial District Oourt for the Parish of Caddo, Land, J. Statement of the Case. William Heffner died in the parish of Caddo on the 20th day of February, 1895, having disposed of his property by what purported to be a last will and testament. The instrument was probated as such, and James Heffner, who was named therein as executor, qualified thereunder.
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A PPEAL from the First Judicial District Oourt for the Parish of Caddo, Land, J. Statement of the Case. William Heffner died in the parish of Caddo on the 20th day of February, 1895, having disposed of his property by what purported to be a last will and testament. The instrument was probated as such, and James Heffner, who was named therein as executor, qualified thereunder. On September 14, 1895, Jackson Heffner et al. instituted a suit to annul the will, and to recover as legal heirs three-fourths of the estate. Service was made on James Heffner, individually and as executor. The suit…
1Opinion of the Court
On the Motion to Dismiss Appeal.
"The opinion of the court was delivered by
Nicholls, C. J.
Appellant contends that he has paid the parties whose claims were opposed, and he is vitally interested himself in having their claims sustained. He calls our attention to the fact that the capacity in which he acted was as executor and not as administrator, and to the decision in the matter of the succession of Ames, 33 An. 1317, in which a distinction is drawn in respect to the questions raised in the motion as to his right of appeal between an executor and an administrator. He also directs our…
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