Succession of Herber
Citations
- 117 La. 239
- 41 So. 559
- 1906 La. LEXIS 676
Syllabus
<p>Wills — Action to Annul — Petition.</p> <p>The rule which imposes the burden of pleading upon him for whose interest the proof should be made suffers exception when the plaintiff’s right rests on the showing that defendant has been guilty of wrongdoing. Hence, where a universal legacy is attacked on the ground that the legatee is a “minister of religious worship,” who professionally attended the testatrix in her last illness, and that the will was made during that period, the petition discloses no cause of action, in the absence of allegation that there was no tie of consanguinity between the testatrix and the legatee.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- providing that “[u]nclean hands is an equitable defense and “[m]otions to dismiss under Rule 12(b)(6) do not resolve the applicability of defenses”
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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