Fink v. Fink
Supreme Court of Louisiana
APPEAL from the Second District Court of New Orleans, Morgan, J. The will itself shows that the heir was not in existence at the time of the death of the testator.
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APPEAL from the Second District Court of New Orleans, Morgan, J. The will itself shows that the heir was not in existence at the time of the death of the testator. The testator says “It is my wish and desire, and 1 do hereby declare the same to he my will, that after the payment of my just debts, and the several legacies herein above mentioned, that the proeeeds of the whole of my estate, property, rights, effects and credits, be applied to the erection and maintenance and support of a suitable asylum in this city, to he used solely as an asylum for Protestant widows and orphans, to be called…
1DissentSpofford, J.
Conceding that the doctrine of the case of the Succession of Mevry, 4 Rob. 438, is correct, that case does not appear to me to sustain the application of the doctrine made in this.
There, the bequest was of a specific sum of money directly “to the orphans of the First Municipality.” The only question was, who did the testator intend should administer the charity. He having preserved a complete silence in this respect, the court properly determined that the Council of the First Municipality should control the distribution of the fund rather than the “New Orleans Catholic Association for the…
2Cases cited2 opinions
- McGehee v. DupuySupreme Court of Louisiana · 1844
- New Orleans Gas Light & Banking Co. v. CurrellSupreme Court of Louisiana · 1843