Succession of McCan
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish, of Orleans. Theard, J. I. There are some questions of law, the final settlement of which is vastly more important to society than how they are settled; and among these are rules of property long recognized and acted upon, and under which rights have vested. Misera est servitus ubi jus est vagum aut incertum.
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A PPEAL from the Civil District Court for the Parish, of Orleans. Theard, J. I. There are some questions of law, the final settlement of which is vastly more important to society than how they are settled; and among these are rules of property long recognized and acted upon, and under which rights have vested. Misera est servitus ubi jus est vagum aut incertum. Broome’s Legal Maxims, p. *151; Endlich on Interpretation of Statutes, Sec. 363, p. 508; Aicard vs. Daly, 7 An. 612; Farmer’s Heirs vs. Fletcher, 11 An. 142; Wells on Res Adjudieata and Stare Deeisis, Secs. 597, 598, pp. 547, 548;…
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
This appeal is by Mary Tobin Stempel, guardian of her minor children, from the judgment of the lower court against her in the suit to annul the will of Hester MeOan, the grandmother of the children, the issue of the marriage of Mary Tobin Stempel with Oharles P. MeOan, the son of the testatrix.
The will assailed is as follows:
“I give all I may die possessed of to my grandchildren, Kate Elizabeth MeOan, Fanny Tobin MeOan, David Ohambers MeOan, Hester Margaret MeOan and Oharles Patters on MeOan, the children of my. deceased son, Oharles P. MeOan…
2Cases cited3 opinions
- Clague's Widow v. Clague's ExecutorsSupreme Court of Louisiana · 1838
- O'Donald v. LobdellSupreme Court of Louisiana · 1831
- Percy v. Provan'sSupreme Court of Louisiana · 1840
3Cited by17 opinions
- Queensborough Land Co. v. CazeauxSupreme Court of Louisiana · 1915
- Maria Elisa Rodriguez v. Escambron Development Corp.Court of Appeals for the First Circuit · 1984
- Succession of ReillySupreme Court of Louisiana · 1914
- Wemple v. Nabors Oil & Gas Co.Supreme Court of Louisiana · 1923
- Succession of HallSupreme Court of Louisiana · 1917
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