Babin v. Phillipon's Executors

The facts are fully stated in the opinion of the court, delivered by

Porter, J.

The plaintiffs, who allege themselves heirs of the testator, claim from the defendants, the estate in their possession.

The answer puts their quality as heirs at issue. There was judgment in the court below for the plaintiffs, and the defendants appealed.

The petitioners state, that they are nephews and nieces of the deceased. They prove the death of their grandfather and grandmother. One portion of the petitioners who claim as heirs of Brecq, prove also, the death of their mother, but it is ojected, that the evidence…