Hart v. Boni
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW-ORLEANS. The petition alleged that the defendant had lived in concubinage with the testator; that she had in her possession ahd claimed to own, certain notes belonging to the succession, amounting to one hundred and twenty-three thousand four hundred and fifty-one dollars and fifty cents; that the said notes were deposited in bank to the joint order of the two Parties, to await the decision of a competent court on the right…
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APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW-ORLEANS. The petition alleged that the defendant had lived in concubinage with the testator; that she had in her possession ahd claimed to own, certain notes belonging to the succession, amounting to one hundred and twenty-three thousand four hundred and fifty-one dollars and fifty cents; that the said notes were deposited in bank to the joint order of the two Parties, to await the decision of a competent court on the right of ownership. It further averred that a certain pretended donation, inter vivos, was illegal and void. They prayed that…
1Opinion of the Court
Porter, J.,
delivered the opinion of the court. .
This case presents for decision the question, whether the executors of a will can maintain an action to annul a donation, inter vivos, made by the testator. The court of the first instance was of opinion they could not, and the plaintiffs appealed.
It has been contended that as the testator gave to the executors seizure of the estate, they are entitled to the possession of it, and that they are consequently authorised to bring an action to obtain that possession. It is urged on the other side, that however true this may be as a general…
2Cited by6 opinions
- Horrell v. HorrellLouisiana Court of Appeal · 2001
- Woodward v. ThomasSupreme Court of Louisiana · 1886
- Quinette v. DelhommerLouisiana Court of Appeal · 1964
- Griffith's Estate v. Glaze's HeirsSupreme Court of Louisiana · 1942
- George B. Franklin & Son, Inc. v. Richland Parish School BoardLouisiana Court of Appeal · 1970
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