Succession of Boutté v. LeBlanc & Boutté
Supreme Court of Louisiana
^PPEAL from the Second District Court, parish of Orleans. Tlssot, Articles 3069 and 3070 only apply to the wrongful maladministration of an estate and consequent danger to the surety. The evidence shows that the funds of the estate were strictly used to pay its legitimate and privileged debts.
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^PPEAL from the Second District Court, parish of Orleans. Tlssot, Articles 3069 and 3070 only apply to the wrongful maladministration of an estate and consequent danger to the surety. The evidence shows that the funds of the estate were strictly used to pay its legitimate and privileged debts. The executor, in such cases, is not a wrong-doer, and is entitled to the credit of whatever sums he has paid which should legally be paid. 11 Bob. 479 ; 7 Bob. 49 ; 2. An. 45 ; 4 An. 76. The surety is, therefore, in no danger.
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
J. P. Guinault, who was surety on the bond of LeBlanc- & Boutt-é, as executors in above succession, filed his petition against them, alleging sundry acts of maladministration by them in the execution of their trust, by which he, as their surety, was in danger of being: *557subjected to serious damage, and asking judgment ordering them to-give a new bond with surety, as required by law, within three days, and releasing him from any further liability on his bond. The action is. brought under articles 3060 and 3070 of the Civil Code, which…
2Cases cited1 opinion
- Smith v. CoeThe Superior Court of New York City · 1868
3Cited by2 opinions
- In re Dimmick's EstateSupreme Court of Louisiana · 1903
- Succession of GandolfoSupreme Court of Louisiana · 1931