Succession of Turnell
Supreme Court of Louisiana
j^PPEAL from the Second District Court, parish of Orleans. Tissot, J. First — Proof is admissible to show the improper character of the tutor oí the minors as a reason for the testator keeping the possession of the property from his control. Second — The testator has a right to have the whole of his property retained in the hands of his executors, provided the revenues are delivered to his minor heirs.
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j^PPEAL from the Second District Court, parish of Orleans. Tissot, J. First — Proof is admissible to show the improper character of the tutor oí the minors as a reason for the testator keeping the possession of the property from his control. Second — The testator has a right to have the whole of his property retained in the hands of his executors, provided the revenues are delivered to his minor heirs. Third — The same law which confers the légitime on the heirs, provides that the testator can keep the control of the property from the possession of the tutor of the minors. First — Where the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The decedent left, as forced heirs, two sets of grandchildren, who may be designated as the Blakeley children and the Hutchison children.
Each set of children were, under the law, entitled, as a légitime or forced portion, to one-fourth of his estate. He left a testament, by the terms of which, with the expressed intention of complying with the requirements of the law, he bequeaths to the Hutchison children exactly one-fourth of his estate, and gave the balance thereof to the Blakeley children. He then directs as follows:
“All of my property…
2Cases cited2 opinions
- Clague's Widow v. Clague's ExecutorsSupreme Court of Louisiana · 1838
- Gandy v. DicksonSupreme Court of Pennsylvania · 1895
3Cited by4 opinions
- Succession of WaldronSupreme Court of Louisiana · 1975
- Succession of FertelSupreme Court of Louisiana · 1946
- Succession of KranzSupreme Court of Louisiana · 1905
- Succession of MansonSupreme Court of Louisiana · 1929