Verret v. Aubert
Supreme Court of Louisiana
APPEAL PROM THE COURT OF PROBATES OF THE PARISH OF ASSUMPTION. The plaintiffs aver that they are the legal heirs of Antoine Patire and Mageux André, deceased. That the defendant administered upon the estate of Mageux André, and took into his possession all the property belonging to her succession, amounting to the sum of forty-five thousand and ninety-six dollars and thirty-seven and a half cents.
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APPEAL PROM THE COURT OF PROBATES OF THE PARISH OF ASSUMPTION. The plaintiffs aver that they are the legal heirs of Antoine Patire and Mageux André, deceased. That the defendant administered upon the estate of Mageux André, and took into his possession all the property belonging to her succession, amounting to the sum of forty-five thousand and ninety-six dollars and thirty-seven and a half cents. That about two thousand two hundred and fifty-four dollars and eighty-one cents, with legal interest, is due to the plaintiffs, by the defendant, and they conclude by praying that the defendant may…
1Opinion of the CourtMathews, J.
This suit is brought by some of the children and heirs of Louis Yerret and Mary Patin, his wife, (both deceased) to recover from the defendant their portion of the succession of their maternal grand-mother, which was administered by him, and- finally liquidated, as curator of that succession.
The defence set up against the claim of the plaintiffs, rests on three grounds:
I. Want of capacity in them as heirs.
II. Final settlement of the succession by the curator, and approval on their part, and
III. Payment to them of their portion, &c.
The court below rendered judgment in favor of the defendant,…
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