Legal Opinion

Succession of Maloney

Supreme Court of Louisiana

Decided November 15, 1909No. 17,929PublishedCited by 2 opinions

Appeal from Civil District Court, Parish of Orleans; Fred. D. King, Judge. In the matter of the succession of Elizabeth C. Maloney. Application of Harry H. Maloney for probate of alleged last will of deceased denied, and he appealed.

1Opinion of the CourtLand, J.

The judgment below dismissed the application of Harry II. Maloney for the probate of the alleged last will of the deceased and for his appointment thereunder as testamentary executor, and sent into possession of the estate Dr. James H. Maloney, as surviving husband and usufructuary, upon his assuming and paying the debts of the community.

Harry II. Maloney obtained an order of appeal from said judgment, and filed a devolutive appeal bond, with his wife as surety.

The appellee has moved to dismiss the appeal on the ground that the wife cannot bind herself as surety for her husband.

The law reads…

2Cases cited1 opinion

  1. State v. BradleySupreme Court of Louisiana · 1885

3Cited by2 opinions

  1. Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915
  2. Succession of MaloneySupreme Court of Louisiana · 1911

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