Baldwin v. Carleton
Supreme Court of Louisiana
Appeal from tbe Parish Court of New Orleans, Maurian, J. The plaintiff claims from the defendant $3,593 60. He represents that by the will of his mother, which was admitted to probate in the parish of Orleans on the 18th February, 1836, he was appointed her universal legatee, and Thomas H. Maddox and Henry Carleton, the defendant, her testamentary executors; and that Maddox was also appointed his tutor, he being then a minor and his father dead.
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Appeal from tbe Parish Court of New Orleans, Maurian, J. The plaintiff claims from the defendant $3,593 60. He represents that by the will of his mother, which was admitted to probate in the parish of Orleans on the 18th February, 1836, he was appointed her universal legatee, and Thomas H. Maddox and Henry Carleton, the defendant, her testamentary executors; and that Maddox was also appointed his tutor, he being then a minor and his father dead. That the executors qualified and administered on the estate; that an inventory thereof was made, which embraced all the property in which his…
1Opinion of the Court
Martin, J.*
The defendant and Thomas H. Maddox were executors of the mother of the plaintiff, a minor. Maddox was. besides his testamentary tutor ; so was the defendant in case of the disability of Maddox. The executors, in. the inventory of their testatrix’ succession, included not only her portion in her deceased husband’s estate as common in goods with him, but also the balance of it, constituting the share of his son, the present plaintiff, and charged their commissions, which ought to have been confined to their testatrix’s estate, on that and the portion of her husband’s property which…
2Cases cited2 opinions
- Psyche v. ParadolSupreme Court of Louisiana · 1834
- Millaudon v. CajusSupreme Court of Louisiana · 1834
3Cited by5 opinions
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- M. M. Sanders & Son v. SchillingSupreme Court of Louisiana · 1909
- Plaisance v. BlanchardSupreme Court of Louisiana · 1955