Theall v. Theall's Legatees
Supreme Court of Louisiana
WesternDist. APPEAL FROM THE COVET OF PROBATES FOE THE PARISH OF ST. MARY. This case commenced by an action of partition between the widow and other legatees of the late Joseph Theall, of the parish of St. Mary. See the case in 7 Louisiana Reports, 226. On the return of the case from the Supreme Court, in 1834, the mother of Joseph Theall, the testator, intervened and claimed her legitime of one fourth of all the property of her deceased son, as forced heir.
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WesternDist. APPEAL FROM THE COVET OF PROBATES FOE THE PARISH OF ST. MARY. This case commenced by an action of partition between the widow and other legatees of the late Joseph Theall, of the parish of St. Mary. See the case in 7 Louisiana Reports, 226. On the return of the case from the Supreme Court, in 1834, the mother of Joseph Theall, the testator, intervened and claimed her legitime of one fourth of all the property of her deceased son, as forced heir. She had been allowed a legacy of several specific objects in the will. The widow of the testator opposed her claim, on the ground, that…
1Opinion of the CourtBullard, J.
The mother and forced heir of Joseph Theall, who had received a particular legacy under his will, intervened in the case pending in the Probate Court, for a final partition and settlement of his estate, and claimed one fourth of the property of the testator as her legitime. Her right is denied by the widow who is one of the residuary legatees, but she further contends, that even if the intervenor is entitled to one fourth of the estate, she is bound to renounce her specific 7 r legacy and restore the same to the mass.
The widow is appellant from a judgment which allowed the forced heir her…
2Cited by1 opinion
- Succession of JacobsSupreme Court of Louisiana · 1900