Aubry v. Cajus
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs, who reside in France, claim to be heirs and universal legatees, and entitled to one-half of the succession of veuve Magnon, who died in New-Orleans, and whose estate is administered by the defendant, as her testamentary executor. The testatrix, in her will, bequeathed to the four children of her sister Elizabeth.
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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs, who reside in France, claim to be heirs and universal legatees, and entitled to one-half of the succession of veuve Magnon, who died in New-Orleans, and whose estate is administered by the defendant, as her testamentary executor. The testatrix, in her will, bequeathed to the four children of her sister Elizabeth. Roche, the surplus of her property, after giving certain specific legacies and one-half of her moveable and immoveable property to her niece of the second degree, Madame Cajus, wife of the…
1Opinion of the CourtMathews, J.
This case presents a single question for decision, depending on the proper and legal interpretation of the will of the deceased. It contains several specific legacies, the amount of each being ascertained, leaves no difficulty as to the quantum which must be deducted from the mass of the succession bequeathed to certain legatees, who are to take under general titles.
The question is, whether the debts and specific legacies shall be deducted from the entire estate left by the testatrix, and the balance be equally divided between the plaintiffs and the wife of the executor, who is a legatee both…
2Cited by2 opinions
- Succession of TheurerSupreme Court of Louisiana · 1886
- Heirs of Fly v. NobleSupreme Court of Louisiana · 1885