Succession of Pickett v. Pickett
Supreme Court of Louisiana
A PEAL from the Second District Court, Parish of Bossier. Boone, J. 1. No judicial proceedings can be carried on in the name of a dead man. 5 R. 508; 5 Ann. 737; 8 Ann. 80; 9 Ann. 241; 22 Ann. 23; 33 Ann. 1013. 2. An administrator of an administrator cannot file an account in a succession of which he himself was never the legal representative. 1R. 403 ; 6 R. 435; 30 Ann. 485; 40 Ann. 703. 3. Estoppel must.be pleaded. 33 Ann. 744. Minors can never be estopped. 16 Ann. 98.…
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A PEAL from the Second District Court, Parish of Bossier. Boone, J. 1. No judicial proceedings can be carried on in the name of a dead man. 5 R. 508; 5 Ann. 737; 8 Ann. 80; 9 Ann. 241; 22 Ann. 23; 33 Ann. 1013. 2. An administrator of an administrator cannot file an account in a succession of which he himself was never the legal representative. 1R. 403 ; 6 R. 435; 30 Ann. 485; 40 Ann. 703. 3. Estoppel must.be pleaded. 33 Ann. 744. Minors can never be estopped. 16 Ann. 98. Minors and married women, if they can be estopped at all, by pleadings or omissions, must be shown to have known the real…
1Opinion of the Court
The opinion of the Court was delivered by
McEnery, J.
Nathan Pickett died in 1853, and William Pickett qualified as administrator of his- succession, and as tutor of the minor children.
J. B. Gilmer was the surety on both bonds.
W. M. Pickett, tbe administrator and tutor, died on tbe 8th day of July, 1866, and on the 9th day of July the attorney for the succession, ignorant of his death, filed a final account of the administration of Nathan Pickett’s succession. Oppositions to this account were filed by the heirs of Nathan Pickett, but there was no judgment rendered homologating the account, or…
2Cited by5 opinions
- Cambon Bros. v. SuthonSupreme Court of Louisiana · 1921
- Navarro v. DerbesSupreme Court of Louisiana · 1947
- Roe v. CaldwellSupreme Court of Louisiana · 1915
- Watt v. CreppelLouisiana Court of Appeal · 1953
- West v. GreenLouisiana Court of Appeal · 1929