Marie v. Avart's Heirs
Supreme Court of Louisiana
Appeal from the court of the parish and city of New-Orleans Besides, non exemplis sed legibus est judicandum. C. de sent, 1, 13. Etenim non tam apectandum quid Romoe, factum est, quam quid fieri debuit. ff. de offic. proet. l. 12. In this respect, the Spanish law agrees with the Roman law. The princes who have preceded us, and we have been pleased to decide that a madman may make a last will, during his lucid intervals, though the ancients entertained some doubts about it.
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Appeal from the court of the parish and city of New-Orleans Besides, non exemplis sed legibus est judicandum. C. de sent, 1, 13. Etenim non tam apectandum quid Romoe, factum est, quam quid fieri debuit. ff. de offic. proet. l. 12. In this respect, the Spanish law agrees with the Roman law. The princes who have preceded us, and we have been pleased to decide that a madman may make a last will, during his lucid intervals, though the ancients entertained some doubts about it. Now it is a question to be decided, what would be the consequence, in case, after having begun his last will, the…
1Opinion of the Court
This case, which was originally instituted against the deceased’s executor alone, was before this court, in June term, 1819 and remanded. Ou its return to the parish court, the heirs were made parties. G Martin, 7-31.
They pleaded the insanity of the testator, and consequent nullity of the will ; that neither the plaintiff, nor her child, could receive any thing under a will ; nor could she, being a slave, maintain any action, except against such persons as unlawfully detained, and deprived her of her liberty ; that the clauses of the said will invoked by the plaintiff, are contrary to law and…
2Cases cited1 opinion
- Johnson v. DavidsonSupreme Court of Louisiana · 1819
3Cited by26 opinions
- Stallings v. SplainSupreme Court of the United States · 1920
- Phillips v. PrestonSupreme Court of the United States · 1846
- Murdock v. PotterSupreme Court of Louisiana · 1923
- Johnson's Heirs v. RaphaelSupreme Court of Louisiana · 1906
- Marshall v. SmedleySupreme Court of Louisiana · 1928
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