Succession of Massey
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. J. When a testator directs his exeeutor in his will to sell all his property, an order of sale obtained by the executor in order to carry out the wishes of the testator is valid.
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APPEAL from the Civil District Court, Parish of Orleans. J. When a testator directs his exeeutor in his will to sell all his property, an order of sale obtained by the executor in order to carry out the wishes of the testator is valid. C. C. 1669. “ When the highest price offered has been cried long enough to make it probable that no higher will be offered, he who has made the offer is publicly declared to be the purchaser, and the thing sold is adjudicated to him.” 0. C. 2607. “ This adjudication is the completion of the sale; the purchaser becomes owner of the article adjudged, and the…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
Wm. Massey died in the city of Philadelphia in 1891, Joseph P. Hornor, of the city of New Orleans, was appointed by the last will and testament of the deceased, executor in Louisiana. The testator owned considerable immovable property in the city of New Orleans.
In the will he directed the Louisiana executor “to sell all the property of the deceased within the State of Louisiana under the orders of the Court of Probate and advice of my Pennsylvania executors, and after payment of all my debts, if any, to remit the proceeds to the executors of…
2Cases cited2 opinions
- Kohn v. MarshSupreme Court of Louisiana · 1842
- Percy v. Provan'sSupreme Court of Louisiana · 1840
3Cited by13 opinions
- Miami Corporation v. StateSupreme Court of Louisiana · 1936
- Quaker Realty Co. v. LabasseSupreme Court of Louisiana · 1912
- Etta Contracting Co. v. BruningSupreme Court of Louisiana · 1913
- Harang v. Gheens Realty Co.Supreme Court of Louisiana · 1923
- Chaffe v. Minden Lumber Co.Supreme Court of Louisiana · 1907
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