IN RE MILNE'S SUCCESSION

No. 42640.

89 So.2d 281 (1956)

230 La. 729

In re SUCCESSION of Alexander MILNE.

Supreme Court of Louisiana.

Rehearing Denied June 29, 1956.


Attorney(s) appearing for the Case

Charles F. Fletchinger, Frank McLoughlin, Wood Brown, New Orleans, for petitioner and appellant.

Henican, James & Cleveland, Philip E. James, Murray F. Cleveland, Joseph McCloskey, George Denegre, Alvin R. Christovich, Jr., Denechaud & Denechaud, Charles I. Denechaud, Jr., and Leon F. Cambon, New Orleans, for intervenors-appellants.

Henry B. Curtis, City Atty., Alvin J. Liska, Asst. City Atty., New Orleans, Amici Curiae.

A. Jack Donaldson, Chaffe, McCall, Phillips, Burke & Hopkins (by Edmund McIlhenny), Frank D. Tournier, New Orleans, for intervenors and appellees.

Fred S. LeBlanc, Atty. Gen., Bertrand I. Cahn, Asst. Atty. Gen., for defendant and appellee.

Ashton Phelps, Paul O. Pigman, A. Brown Moore, New Orleans, for intervenor-appellant.


VIOSCA, Justice ad hoc.

Alexander Milne, a Scotch immigrant to New Orleans, who later became a great philanthropist and a benefactor of the poor, died in 1838. He left a will, drawn when he was ninety-four years of age, which was dated October 17, 1836 and probated October 23, 1838. It contained a series of particular legacies and the following donations, which are the subject matter of this controversy:

"It is my positive will and intention, that an Asylum...

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