2 La. Ann. 268 | La. | 1847
The judgment of the court was pronounced by
Samuel Briscoe claimed the administration of the succession of John Briseoe, alleging that he was a half brother of the deceased. His application was opposed by Martha J. Briscoe, the surviving widow of the deceased, who asserted that she was the beneficiary heir of her husband, and, as such, entitled to the exclusive administration, which she claimed. The court below appointed both of the applicants jointly, and Martha J. Briscoe has appealed.
It appears from the evidence that John Briscoe was an illegitimate child; that he was legally married to the appellant, from whom he was not separated from-bed and board, and that he died without issue. There is no proof that he was-
It is therefore ordered that so much of the judgment of the District Court as confers upon Samuel Briscoe the appointment of a joint administrator of the succession of the late John Briscoe deceased, be avoided and reversed. It is further ordered that so much of said judgment as confers upon Martha J. Briscoe the appointment of administratrix of said succession, be affirmed, and that she have the exclusive administration thereof; the appellee paying the costs of both courts.