Succession of Vance

The opinion of the Court was delivered by

Bermudez, C. J.

This is a suit by the city of NeAv Orleans for the ■recovery of a legacy made for the benefit of the indigent insane in her ■charge.

The defense is, that there is no such bequest in the will; that, Avhile -there Avas a gift to a certain named institution, “The Insane Asylum,” .yet, before acceptance, or demand for the legacy, this institution passed out of existence, leaving no representative; that, having voluntarily abolished the asylum, the city has deprived herself of the only character in Avhich she had any right to receive the…