Succession of Foerster
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. Promissory notes, in unconstitutional commercial form, found among worthless papers of the deceased, with the words “ This note is paid in full ” written across them, sigifed by the deceased and explained, and accompanied by proof that this was done with the intention of discharging the malrers of the notes, will be held extinguished and remitted. 2. The modes of extinguishing obligations provided…
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APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. Promissory notes, in unconstitutional commercial form, found among worthless papers of the deceased, with the words “ This note is paid in full ” written across them, sigifed by the deceased and explained, and accompanied by proof that this was done with the intention of discharging the malrers of the notes, will be held extinguished and remitted. 2. The modes of extinguishing obligations provided in the Civil Code are not exclusive of others; the extinction of an obligation may be a question of fact involving the…
1Opinion of the Court
The opinion of the conrt was delivered by
Breaux, J.
The estate of Mrs. Foster was opened in 1888.
The assets amounted to more than $40,000.
*192She left no forced heirs.
In her testament she donated her property to her nieces and grand nieces, and to. a sister.
Some time prior to her death she was the owner of three promissory notes. Two of these notes are signed respectively by two of her nephews by marriage, and one by her niece.
About a month previous to her death another relative, who is1 named in her will as her testamentary executor, was sent to consult a well known notary who attended to her…
2Cited by2 opinions
- Hicks v. HicksSupreme Court of Louisiana · 1919
- Coastal Club, Inc. v. Shell Oil Co.District Court, W.D. Louisiana · 1944