Schwan v. Schwan

Citations

• 52 La. Ann. 1183

Syllabus

<p>Syllabus.</p> <p>1. A judgment, which is practically ex parte, probating a will, and putting in possession of an estate certain persons named in such will as universal legatees, does not immediately close the succession as against other persons, who claim as heirs at law and who charge that those put in possession are incapable of taking under the will. And a suit, by such claimants, brought within three months after the probate, to annul' the will, and to be decreed owner of the estate, is a matter of probate jurisdiction, cognizable in the court in which the will was ordered to be executed, and by the judgment of which the persons named as universal legatees were put in possssion.</p> <p>2. In such a case, it is within the judicial discretion of the judge, having jurisdiction of the persons and of the subject matter of the controversy, ex officio, to order the sequestration of the movable, as well as the Immovable property of the succession, and an order setting aside such sequestration, when once issued, is one which may work irreparable injury, and is therefore appealable. ,</p> <p>3. It is also competent, In such a case, for the judge to Order an Inventory to be made of the succession property, but there is no authority for an ex parte order, made in limine, directing the defendants to file sworn statements of the money and property in their possession, nor is it competent to order the sequestration of the property of a corporation, upon the averment that the decedent owned a majority, or the whole, of the stock.</p>