Chapron v. Chapron
Supreme Court of Louisiana
APPEAL from the Twenty-sixth District Court, Parish of Jefferson. Bescmgon, J. 1. 'l'ho rule that an administrator cannot he sued personally before lie renders his final account is not invariable. Where the administrator has been removed for maladministration and all the debts of the succession have been paid, those enütled to the residue may sue him personnally on Ins bond. Tlioy should not be remitted to a suit for an account.
Read the full summary
APPEAL from the Twenty-sixth District Court, Parish of Jefferson. Bescmgon, J. 1. 'l'ho rule that an administrator cannot he sued personally before lie renders his final account is not invariable. Where the administrator has been removed for maladministration and all the debts of the succession have been paid, those enütled to the residue may sue him personnally on Ins bond. Tlioy should not be remitted to a suit for an account. JPord vs. Kittridge, admx., 28 Aim., p. 333. 2. Where an administrator files an account, which he swears is correct, and the account shows all debts of the succession…
1Opinion of the Court
Tlie opinion of tlio Court was delivered by
Watkins, J.
This is a direct action instituted by the surviving widow in community, and natural tutrix of the minor heirs of J. P. Oliapron, deceased, possessing powers of administration, against a former administrator and the sureties on his bond, for moneys alleged to have been collected for tlie account of said succession, and never paid to its representatives.
Said administrator is alleged to have been discharged from his trust, at the suit of oue of his sureties, for acts of maladministration.
The defendants filed, in the first instance, an…
2Cases cited2 opinions
- Baudin v. Pollock's CuratorSupreme Court of Louisiana · 1831
- Flint v. WellsSupreme Court of Louisiana · 1832
3Cited by3 opinions
- Thompson v. American Surety Co.Supreme Court of Louisiana · 1916
- Posey v. HamnerSupreme Court of Louisiana · 1946
- In re the Tutorship of MatthewsLouisiana Court of Appeal · 1989