Legal Opinion

Zaire v. Bodin

Supreme Court of Louisiana

Decided October 15, 1838PublishedCited by 1 opinion

Western Dist. AITEAL FROM THE COURT OF PROBATES FOR THE PARISH OF OUACHITA. This case comes up on an opposition to the application of A. Bodin, Esq., to be appointed dative testamentary executor to the estate of Michel G-. Pomier, deceased. He alleges he is the attorney of the absent heirs of Franqois Gallez, who was one of the instituted heirs, and named by the executor in the will.

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Western Dist. AITEAL FROM THE COURT OF PROBATES FOR THE PARISH OF OUACHITA. This case comes up on an opposition to the application of A. Bodin, Esq., to be appointed dative testamentary executor to the estate of Michel G-. Pomier, deceased. He alleges he is the attorney of the absent heirs of Franqois Gallez, who was one of the instituted heirs, and named by the executor in the will. The plaintiff in the opposition, Emelie Zaire, alleges she is the only surviving instituted heir of the deceased, and has the exclusive right to be appointed executrix under the will ; that she is in possession…

1Opinion of the CourtMartin, J.

This is an appeal taken from an order that an inventory of the estate of the appellant’s testator, and an appointment of an attorney to represent the absent heirs be made.

The dismissal of the appeal is prayed for, on the ground that it is not from a final judgment, nor from an interlocutory order, which causes an irreparable injury.

The appellant is testamentary executrix to the deceased, and it is difficult to imagine how she can be irreparably injured by an inventory of the estate being made. She contends that it does, because the will dispenses her from making one, and all the property is…

2Cited by1 opinion

  1. Crawford v. CrawfordSupreme Court of Kansas · 1942

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