Court : US Supreme Court
Decided on : Jan-01-1860
Gaines v. Hennen - 65 U.S. 553 (1860) U.S. Supreme Court Gaines v. Hennen, 65 U.S. 553 (1860) Gaines v. Hennen 65 U.S. 553 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus Since the case of Mrs. Gaines was before this Court, as reported in 53 U. S. 12 How. 537, the olographic will made by Daniel Clark in 1813 was ordered by the Supreme Court of Louisiana to be admitted to probate notwithstanding its loss. The judgment of the supreme court of that state is coincident with the conclusions of this Court upon the testimony which related to the execution by Mr. Clark of his olographic will of 1813 and of the concealment or destruction of it after his death. This will declared Mrs. Gaines to be his legitimate and only daughter, and universal legatee. In the bill filed by Mrs. Gaines to recover the property sold by the executors appointed by a former will of 1811, it was not necessary to make these executors parties. The reasons s...
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