Boyd v. Wyly
Supreme Court of the United States
APPEAL FROM THE CIROUIT COURT OP THE UNITED STATES FOR THE WESTERN DISTRICT OF LOUISIANA. This was a bill in equity, filed in the Circuit Court of the United States for the Western District of Louisiana on September 10, 1881/on behalf of Mary E. K. Boyd, wife of Frederick W. Boyd, by her son and next friend, James E. Boyd, citizens of Wisconsin, against William G. Wyly and Charles Egelly, of the parish of East Carroll, citizens of Louisiana, and to which by an amendment…
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APPEAL FROM THE CIROUIT COURT OP THE UNITED STATES FOR THE WESTERN DISTRICT OF LOUISIANA. This was a bill in equity, filed in the Circuit Court of the United States for the Western District of Louisiana on September 10, 1881/on behalf of Mary E. K. Boyd, wife of Frederick W. Boyd, by her son and next friend, James E. Boyd, citizens of Wisconsin, against William G. Wyly and Charles Egelly, of the parish of East Carroll, citizens of Louisiana, and to which by an amendment Frederick W. Boyd, of Wisconsin, was made an additional defendant as dative testamentary executor of the last will of James…
1Opinion of the CourtJustice Matthews
The first point raised in argument on the part of the complainant is as to the validity of the proceeding in the court of East Carroll parish, by which Frederick W. Boyd, was, in the language of the Louisiana law, destituted of his office as dative 'testamentary executor, and the defendant Egelly substituted in his place. It is alleged in the bill, and insisted upon in argument, that this proceeding was had without any actual, and without any legal constructive notice to Boyd, and that it is, therefore, .null and void. It is charged, as -a consequence, that Egelly became, not the rightful…
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