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BYRNE v. SUCCESSION OF BYRNE

No. 39047.

42 So.2d 699 (1949)

215 La. 1050

BYRNE et al. v. SUCCESSION OF BYRNE.

Supreme Court of Louisiana.

Rehearing Denied November 7, 1949.

Attorney(s) appearing for the Case

Thomas E. Furlow, New Orleans, for plaintiffs and appellants.

Tortomasi & Sarpy, Bernard J. Tortomasi, Trial Attorney, New Orleans, for defendant and appellee.

PONDER, Justice.

The plaintiffs have appealed from a judgment sustaining an exception of no cause of action and dismissing their suit.

It appears from the petition that Mrs. Ellen McGeary, widow of Charles Byrne, died intestate on June 25, 1924, leaving as her only heirs her children, James T., Charles A. and Mary Byrne. Her succession was opened and an inventory was taken and homologated on the petition of Mary Byrne. Shortly thereafter, the heirs were sent...

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