Sterlin's v. Gros
Supreme Court of Louisiana
Eastern Dis. appear from the court of prorates of the city and parish of NEW-ORLEANS. This action was brought to obtain possession of the estate of Philippe Sterlin, deceased. The plaintiff produced a notarial copy of the will, by which the deceased acknowledged him to be his only child, and bequeathed to h im three-fourth? of the property of which the testator should die possessed, and constituted him his legatee, by universal title.
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Eastern Dis. appear from the court of prorates of the city and parish of NEW-ORLEANS. This action was brought to obtain possession of the estate of Philippe Sterlin, deceased. The plaintiff produced a notarial copy of the will, by which the deceased acknowledged him to be his only child, and bequeathed to h im three-fourth? of the property of which the testator should die possessed, and constituted him his legatee, by universal title. The plaintiff ° J ' r averred the nullity of another instrument, purporting to be a will, executed by the deceased, on the grounds of want of capacity in the…
1Opinion of the CourtPoRTER, J.
The defendant is named executor in an instrument which he affirms to be the last will and testament of one Phillippe Sterlin, deceased. The plaintiff who is natural son of the deceased, and who alleges that his father left no legitimate ascendants or descendants, or brothers or sisters, sues to have this will declared null and void, and to obtain possession of the property of which the deceased died possessed.
The defendant contents the quality of the petitioner, but we think the evidence clearly establishes it. Admitting the objections made to the previous will, in which the plaintiffis…
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