Burton's Heirs v. Burton
Supreme Court of Louisiana
Eastern Dist. APPEAL PROM THE COURT OP PROBATES, POR THE PARISH OP ST. HELENA. This is an action of partition, instituted by three of the children and forced heirs of Nancy and Jacob Burton, deceased, against three co-heirs and the representatives of a co-heir, Nathaniel Burton, deceased. The plaintiffs allege, that the succession of their deceased ancestor is worth about ten thousand dollars, and has never been partitioned among the co-heirs.
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Eastern Dist. APPEAL PROM THE COURT OP PROBATES, POR THE PARISH OP ST. HELENA. This is an action of partition, instituted by three of the children and forced heirs of Nancy and Jacob Burton, deceased, against three co-heirs and the representatives of a co-heir, Nathaniel Burton, deceased. The plaintiffs allege, that the succession of their deceased ancestor is worth about ten thousand dollars, and has never been partitioned among the co-heirs. They pray for a final partition of said succession, according to Jaw. The representatives of Nathaniel Burton, by attorney, answered, and by way of…
1Opinion of the CourtBullard, J.
This is an action of partition among the heirs of • Jacob Burton and his wife, and the only difficulty consists in adjusting the collations among the heirs.
It is necessary to premise, that the deceased removed, some years since, from Georgia, where they had “given off,” as it is termed, to their children, as they settled in the world, certain portions of property, such as slaves, small tracts of land, of household furniture or stock; and that, after they removed to Louisiana, the same thing had been done towards other children. The court below considered such advances as donations subject to…
2Cited by1 opinion
- Urquhart v. SargentSupreme Court of Louisiana · 1847