Succession of Bourgeois
Succession of Bourgeois
Opinion of the Court
Joachim Bourgeois, the decedent, was born of slave parents, on a plantation in this state, in 1841. He died in this city in 1921.
His mother, Adelaide Paquet, was born in 1820. She had two brothers — Jean Baptiste and Jean Julien Toto Paquet. At what dates these brothers were born is not shown. The children of these brothers are claiming the estate as against the state, to whom it has been assigned, in the absence of legal heirs, by the public administrator in the final account of his administration of the succession; The said claimants, cousins of the decedent, are Marie Emma Paquet, born in 1869, daughter of Jean Baptiste Paquet, and Jean Julien Paquet, born in 1853, son of Jean Julien Toto Paquet.
Their contention is that their grandparents were married slave fashion, and that the parents of the decedent were married in like manner.
These grandparents were Jean Paquet and Madeleine.
All these slaves belonged to the grandparents and parents of Mrs. Jules Chopin, who was the main witness in the case.
She testified that she herself was 77 years old; that she does not know whether Madeleine was ever “married in church,” but that Madeleine “lived with Jean Paquet”; that they “lived in a cabin in the yard” ; that Adelaide, the mother of the decedent, was her (witness’s) nurse, or mammy, and lived with her in New Orleans after the war; that she knows that Adelaide had a son (the decedent) by a man named Joachim Bourgeois, but that she does not know whether they were ever married or ever lived together; that sh4 never saw this man.
Without detailing the services in question, we will say that the charge appears to us to be largely excessive, and that the said corroborating testimony is insufficient.
The trial court rejected the opposition of Mr. Stafford, as well as that of the said claimants of the' estate.
Rehearing refused by the WHOLE COURT.
Reference
- Full Case Name
- Succession of BOURGEOIS
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Affidavits 18 — Ex parte affidavits cannot be substituted for testimony of witnesses in court. The testimony of witnesses must be taken contradictorily in court and ex parte affidavits cannot be substituted therefor. 2. Descent and distribution 71 (6) — Succession; evidence held to show claimants only natural cousins.. Evidence held to show at most that persons claiming the estate of a decedent born of slave parents were his natural cousins, and not entitled to inherit.' 3. Executors and administrators 221 (5)— Succession; claim for services rendered decedent must be proved by at least one witness and corroborating circumstances. Under Civ. Code, art. 2277, an attorney’s claim for professional services rendered decedent must be proved by at least one credible witness and other corroborating circumstances.