Succession of Meunier

Citations

• 52 La. Ann. 79

Syllabus

<p>Syllabus.</p> <p>On Moi'iON to Dismiss Aepeap.</p> <p>X. Tlie Judgment appealed from annulled the will and the probate thereof, and ■recognized plaintiffs -as heirs of the deceased. Bat It did not in terms send them into possession, nor was there any award against the executors, specifically, for a sum as representing the net proceeds of the estate in their hands. Held : A case where the trial judge could fix the amount of the suspensive appeal bond.</p> <p>2. One of the executors, acting in his individual capacity, was competent as surety on such appeal bond for the legatee who had appealed.</p> <p>3. Objection that the appeal was taken in the name of the agent and attorney in fact of the legatee, instead of in the name of the legatee, held under the facts and pleadings of the case, not tenable.</p> <p>On the Merits.</p> <p>1. Donations and bequests are permissible to trustees for educational, charitable, or literary purposes, or for the benefit of institutions, existing or to be founded, the object of which is to promote education, literature, or charity. Act No. 124 of 1882.</p> <p>2. But this permission is restricted to educational, charitable, and literary objects within the State of Louisiana, and to institutions founded and to be founded under the laws of the State for such purposes.</p> <p>3. To avoid the dispositions of wills and testaments it must plainly appear they come within the prohibitions of the law.</p> <p>4. Where a bequest in a will, in one view, is illegal; in another view, lawful, the latter will be adopted and the will sustained.</p> <p>5. A legacy to the Commune of Carouge, Canton of Geneva, Switzerland, which is directed to be placed at interest and with the interest to endow annually two poor girls and to give a pension to ten old persons of the two sexes, is held to be a legacy to pious and charitable uses, and sustainable.'</p>