Mathurin Jun, a free man of color, is the natural "acknowledged" son of the recently deceased Mathurin Jun, a free man of color. He represents to the court of probates that, by his 1823 last will and testament, the late Mathurin Jun appointed Joseph Enoul Dugué Livaudais as executor of his will and left to his other natural child, a woman named Josephine, the sum of $500. Mathurin Jun further represents that, since Josephine is now dead, he and his other sister, a free woman of color named Rosette, are now the sole heirs to the older Jun's estate and thus entitled to the legacy. He also challenges a legacy made on behalf of his slave brother, Narcisse, for the purpose of securing Narcisse's freedom. Mathurin claims that he has made amicable demand upon Joseph Livaudais for payment of his inheritance, but Livaudais has refused. He therefore asks the court to declare his father's last will and testament "void" and to award him half of the "whole estate".
Result: Denied; appealed; affirmed.
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Repository: University of New Orleans