Legal Opinion

Valsain v. Cloutier

Supreme Court of Louisiana

Decided October 15, 1831PublishedCited by 6 opinions

APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF Tilt," FIFTH PRESIDING. On the sixth of July, 1810, Joseph Dupré made his nuncupative will by private signature, appointing Ambroise Lecomte his testamentary executor.

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APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF Tilt," FIFTH PRESIDING. On the sixth of July, 1810, Joseph Dupré made his nuncupative will by private signature, appointing Ambroise Lecomte his testamentary executor. In it he bequeathed six thousand four hundred dollars to Jean B. S. Cloutier, his half brother and heir ; and the remainder, consisting of lands, slaves, &c. after paying his debts, he willed to a mulatto woman named Adelaide, and his natural children by her, who are the present plaintiffs. It is alleged that Adelaide renounced her share of the legacy in favor of the…

1Opinion of the CourtPorter, J.

The plaintiffs state, that they are legatees on a universal title, of their deceased father, Joseph Dupré, who on the sixth *175©f July, 1810, made his last will and testament, in which, after giving sixty-four hundred dollars, to J. B. S. Cloutier, his brother of the half blood, and only heir, he made a bequest to the petitioners of all his slaves, lands, live stock, &c., after his debts were paid. The petition states other facts, which it is not necessary for understanding the opinion of the court, to set out.

The defendant pleads among other things :

1. Res judicata in this : That there was a…

2Cited by6 opinions

  1. State v. TreadawaySupreme Court of Louisiana · 1910
  2. Beattie v. DimitrySupreme Court of Louisiana · 1926
  3. Succession of McMahonSupreme Court of Louisiana · 1918
  4. Nixon v. PiffetSupreme Court of Louisiana · 1861
  5. Succession of LacosstSupreme Court of Louisiana · 1916

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