State v. Judge of the Court of Probates of the Parish of Iberville
State v. Judge of the Court of Probates of the Parish of Iberville
Opinion of the Court
delivered the opinion of the court. A rule has been directed to the judge probates for the parish of Iberville, requiring him to show cause why he should not admit to probate, and declare executory the bill of Lucy Jackson.
The will in question was made in Ireland, in the kingdom of Great Britain, and appears to have been admitted to probate in the state of Alabama.
The 1682d article of the Louisiana code provides for the execution of testaments made in other states of the union, and foreign countries, “ without any other form than that of registering the testament, if it be established that the testament has been duly proved before a competent judge of the place where it was received. In the contrary case, the testamen cannot be carried into effect, without its being first proved before the judge by whom the execution is ordered.
The difficulty felt by the judge of probates, appears to have arisen on the proper interpretation to be given to the expressions of the law in the place where it was received. He seems to have thought these words must be understood to require proof in the place where the will was made. We are, however, of opin
Let the rule be made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.