Succession of Heffner
Supreme Court of Louisiana
A PPEAL from the First Judicial District Oourt for the Parish of Caddo, Land, J. Statement of the Case. William Heffner died in the parish of Caddo on the 20th day of February, 1895, having disposed of his property by what purported to be a last will and testament. The instrument was probated as such, and James Heffner, who was named therein as executor, qualified thereunder.
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A PPEAL from the First Judicial District Oourt for the Parish of Caddo, Land, J. Statement of the Case. William Heffner died in the parish of Caddo on the 20th day of February, 1895, having disposed of his property by what purported to be a last will and testament. The instrument was probated as such, and James Heffner, who was named therein as executor, qualified thereunder. On September 14, 1895, Jackson Heffner et al. instituted a suit to annul the will, and to recover as legal heirs three-fourths of the estate. Service was made on James Heffner, individually and as executor. The suit…
1Opinion
On the Merits.
The first item opposed is the payment of five hundred dollars by the executor to the firm of Wise & Herndon for attorney’s fees in defending the suit of Jackson Heffner et al. vs. James Heffner et al., in which the plaintiffs successfully attacked the will of William Heffner and had it set aside.
It is claimed on behalf of opponents that the instrument offered and probated as the will of William Heffner was so manifestly defective as such that it was scarcely permissible to have attempted to defend it — that its nullity was apparent on its face and the attorneys employed really…
2Cases cited4 opinions
- Rachal v. Rachal's HeirsSupreme Court of Louisiana · 1836
- Sterlin's v. GrosSupreme Court of Louisiana · 1833
- Carriere v. MeyerSupreme Court of Louisiana · 1840
- Dean v. ClarkeSupreme Court of Louisiana · 1850