Succession of Ledet

Citations

• 122 La. 200
• 47 So. 506
• 1908 La. LEXIS 431

Syllabus

<p>1. EXECUTORS AND ADMINISTRATORS (§ 20*)— Proceedings bob Appointment — Evidence —Sufficiency—Parent and Child.</p> <p>The applicant asks for the appointment of an administrator of his mother’s succession.</p> <p>Applicant produced certificate of the registry of the church showing that about three years after his birth he was christened as issue of the marriage in the presence of the mother. She also had his name registered as one of the pupils of one of the public schools as issue of the marriage, and she always recognized him as her son.</p> <p>The opponents challenge his right on thv ground that he is not the son of the one whom he claims as his mother, nor issue of her marriage with the one whom.he claims as his father.</p> <p>There is positive testimony going to prove that she is the mother.</p> <p>There is testimony equally as positive in support of the averment that she is the mother, and that the statement that the applicant was an informally adopted child is not true.</p> <p>In the presence of the conflict of testimony, weight is given to the certificate of 'baptism and to other testimony corroborative in character.</p> <p>[Ed. Note. — For other cases, see Executors and Administrators, Dee. Dig. § 20.*]</p> <p>2. EXECUTORS AND ADMINISTRATORS (§ 20*)— Proceedings eor Appointment — Evidence —Supeiciencv.</p> <p>The late Louise Ledet was the mother, as the weight of the testimony shows; the applicant was the issue of her marriage with the reputed father. The father never disowned him.</p> <p>It was not shown with certainty that he never returned to the city after he had left it to represent the United States government in Mexico as consul.</p> <p>[Ed. Note. — For other cases, see Executors and Administrators, Dec. Dig. § 20.*]</p> <p>(Syllabus by the Court.)</p>