Interpretations of the Civil Code Since 1898: Containing the Interpretations ...

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Interpretations of the Civil Code Since 1898: Containing the Interpretations ...
Jacob Brooks Herold, Louisiana. Supreme Court
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See Art. 1683, 105 La. 597.
Art. 1686. See Art. 1481, 123 La. 508.
Art. 1688. See Art. 1595, 121 La. 832.
Where it appears upon the face of the record that a dative testamentary executor has been appointed by the Digitized by LjOOQIC 156 Art. 1689-1712.
Clerk of a District Court, sitting for a parish, in which the will of the testator had not been produced, proved, or regis- tered, the appointment will be vacated on appeal. Sticce»sion of Henry, 113 La. 788 (37 Sou. 756).
Art. 1689. See Art. 15
...95, 121 La. 817.
Art. 1709. See Art. 886, 51 La. An. 546; see also Art.
936, 105 La. 40.
We think that the question of who should take the bulk of the estates would have to be tested by the question of sur- vivorship, and the fact of survivorship would have to be tested by the presumptions of the Code. In this case the special legacies of both parties would have to be paid, so far, at least, as the legitime was not concerned, but the order of the succession would not be interfered with. Qiuid the portion of the estate not disposed of, the succession would be intestate succession to be disposed of by the prioority of the debts.


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