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FOUVERGNE V. NEW ORLEANS, 59 U. S. 470 (1855)

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U.S. Supreme Court

Fouvergne v. New Orleans, 59 U.S. 18 How. 470 470 (1855)

Fouvergne v. New Orleans

59 U.S. (18 How.) 470


Where a will was established in New Orleans in 1792 by order of the alcalde, an officer who had jurisdiction over the subject matter, his decree must be considered as a judicial act, not now to be called into question. chanroblesvirtualawlibrary

Page 59 U. S. 471

The courts of the United States have no probate jurisdiction, and must receive the sentences of the courts to which the jurisdiction over testamentary matters is committed as conclusive of the validity and contents of a will. An original bill cannot be sustained upon an allegation that the probate of a will is contrary to law.

Moreover, the fraud charged in this case is not established by the evidence.

The principal circumstances of the case, which furnished the basis of the judgment of this Court, are set forth in the opinion.

The entire case was one which covered a vast deal of ground. For the appellants there was a brief filed by Mr. S. Paul of nearly 150 pages, which was adopted by Mr. Taylor, and one by Mr. Taylor himself of the same size. On the part of the appellees, the brief of Mr. Janin was only 30 pages. These papers contained a vast deal of research into the civil law upon many points of the case which were not noticed in the opinion of the Court, whose judgment rested upon a single point as disposing of the case. It is not necessary, therefore, to report them.

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