Salatich

Salatich v. Hellen

Good Law
4 F. Supp. 474·1933 U.S. Dist. LEXIS 1537
United States District Court, Southern District of CaliforniaMay 25, 1933No. 3491—JCalifornia2,081 words

Opinion

Lead Opinion

James, J.

This ease involves entirely a construction of the law of Louisiana, particularly as that law affects the offspring of an adopted child in its right to share in the estate of its adoptive grandparent. The controversy is between a grantee of real property claiming damages under warranty of title from a grantor, who through preceding conveyances had in the year 1919 obtained title from heirs and legatee of one Cunningham. After Cunningham died in the year 1915, his brothers and sisters (no children had been born to him) entered probate proceedings claiming his estate. A divorced wife later produced a will, in which she was named sole legatee. The court recognized her right, and the will was duly probated. An appeal to the Supreme Court of Louisiana was taken by the claimant heirs. Pending decision on that appeal, the legatee and heirs by agreement entered' into a conveyance of the parcel of land which was the only property, except small personalty, left by Cunningham, and title to this real property, through several conveyances, was lastly held by Mrs. Iska BrownKohlmeyer. Meanwhile the Louisiana Supreme Court (Succession of Cunningham, 142 La. 701 , 77 So. 506 ) had sustained the…

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