Mix's Absent Heirs v. Mix's
Supreme Court of Louisiana
APPEAL FROM THE COURT OF TROBATES, FOR THE PARISH OF POINTE COUPEE. This is an action instituted by the attorney of the absent heirs of J.ames H. Mix, deceased, to annul his last will and testament.
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APPEAL FROM THE COURT OF TROBATES, FOR THE PARISH OF POINTE COUPEE. This is an action instituted by the attorney of the absent heirs of J.ames H. Mix, deceased, to annul his last will and testament. On the 26th of May, 1839, J. H. Mix made his olographic will, in which he bequeathed his plantation in Pointe Coupee, and several slaves, to one Ferdinand Miller, a youth he had raised, to be delivered to him by the executor when he should arrive at the age of majority, and in the meantime he was to be educated at the discretion of the executor. He also gave a legacy in slaves to his sister,…
1Opinion of the CourtBullard, J.
This is an action brought by the counsel appointed by the Court of Probates, in virtue of article 1654, of the Louisiana Code, to represent thej^absent heirs of the testator, against the legatees and the testamentary executor, in order to caus.e the testament to be declared null on various grounds. Most of the legatees reside abroad, and they, together with a minor *68living in the state, to whom the testator bequeathed a considerable portion of his estate, are represented in these proceedings by a curator ad hoc.
The attorney of absent heirs cannot institute a suit against the testamentary…
2Cited by3 opinions
- Fakouri v. CadaisCourt of Appeals for the Fifth Circuit · 1945
- Lacey v. NewportSupreme Court of Louisiana · 1848
- Succession of GheensLouisiana Court of Appeal · 1921