Foulke v. Zimmerman

Citations

• 81 U.S. 113
• 20 L. Ed. 785
• 14 Wall. 113
• 1871 U.S. LEXIS 981

Syllabus

<p>1. A probate in Louisiana of the will of a person who died domiciled in New York is valid until set aside in the Louisiana court, though the order of the surrogate in New York has been reversed in the Supreme Court of that State, on which the Louisiana probate was founded.</p> <p>2. A purchaser from the devisee of such will of real estate in Louisiana, while the order of the Louisiana court establishing the will remains in force, is an innocent purchaser, and is not affected by a subsequent order setting aside the Will, to which he is not a party.</p> <p>8. Such an order, founded on a verdict and judgment in New York declar ing the will void; obtained by collusion between the devisee under tha will and the heirs-at-law, cannot affect the purchaser from the devisee, made in good faith before such verdict and judgment.</p>