Succession of Peyran

Supreme Court of Louisiana
Succession of Peyran, 11 La. Ann. 694 (La. 1856)
Spoffokd

Succession of Peyran

Opinion of the Court

Spoffokd, J,

The intervenors, Simeon Oscar and Etienne Gústame St. Herman, having, by the evidence adduced to show their maternal descent, shown also their paternal origin, we are of opinion that it was competent for the other parties in interest to show that the connection, of which the interveners thus declared themselves the offspring, was an adulterous connection.

The evidence is clear that their avowed father was, at the time of their conception, the husband of another woman, and not of their mother.

They., .therefore, fall within the prohibition of Article 914 of the Civil Code, •and the District Judge did not err in repelling their claim to the succession of Emilie Peyran. C. C. 201; Succession of Fletcher, 11 An.

The judgment is not complained of by any other party. It is, therefore, .affirmed, with costs.

Reference

Full Case Name
Succession of Emilie Peyran, f. w. c.—Marie Louise alias Petronne Montmain, Applicant.—Maria Lorenza alias Herminie Peyran, Intervenor, Appellee.—Simon O. and Etienne G. St. Herman, Intervenors, Appellants.—State of Louisiana, Intervenor
Cited By
1 case
Status
Published