In re Estate of Altemus
Supreme Court of Louisiana
A PPEAL from the Parish Court of Iberville. Cole, J. First — The legality of the appointment of a tutor, curator, or administrator, who has been duly appointed and has qualified, cannot be collaterally questioned. 30 An. 268. Second — Where a partnership between two persons was not exclusively commercial, the surviving partner has a preference over every one else to administer the succession of the deceased partner.
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A PPEAL from the Parish Court of Iberville. Cole, J. First — The legality of the appointment of a tutor, curator, or administrator, who has been duly appointed and has qualified, cannot be collaterally questioned. 30 An. 268. Second — Where a partnership between two persons was not exclusively commercial, the surviving partner has a preference over every one else to administer the succession of the deceased partner. C. C„ 1122, 2825,1121. Third — The administration of a succession which has been closed cannot be re-opened and a new one provoked on the ground that the one who administered did…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
John E. Altemus died in the fall of 1878, in Iberville, where he resided. He was a member of the commercial' Arm of Roth,. McWilliams & Go. of that parish, and was also a partner with Roth and McWilliams in planting; so that Roth was at the same time a commercial' and an ordinary partner of Altemus. The heirs of Altemus, it seems, resided out of the State, but were not unknown. They were his father, mother, seven brothers, a sister, and a niece.
In September, 1878, Roth made formal application for administration of said estate, reciting the…
2Cited by6 opinions
- Gandy v. CaldwellSupreme Court of Louisiana · 1930
- Succession of LacayLouisiana Court of Appeal · 1967
- Succession of BerdennagelSupreme Court of Louisiana · 1935
- Succession of HairLouisiana Court of Appeal · 1940
- Craig's Heirs v. Frost Lumber Industries, Inc.Louisiana Court of Appeal · 1929
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