Baldwin's v. Carleton
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITÍ OF NEW-ORLEANS. This is an action by way of opposition filed by Thomas H. Maddox, testamentary executor of Eliza Baldwin, deceased, and tutor of her minor son, to an item of seven thousand five hundred dollars, charged in the account of Henry Carleton, his co-executor, for professional services as attorney and counsellor at law, rendered the estate administered by them.
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APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITÍ OF NEW-ORLEANS. This is an action by way of opposition filed by Thomas H. Maddox, testamentary executor of Eliza Baldwin, deceased, and tutor of her minor son, to an item of seven thousand five hundred dollars, charged in the account of Henry Carleton, his co-executor, for professional services as attorney and counsellor at law, rendered the estate administered by them. He further alleges, that he was induced to allow said charge, supposing it to be correct, but has since understood that his co-executor is not entitled to any separate…
1Opinion of the CourtMartin, J.
The executors of the estate of Eliza Baldwin, deceased, having presented their account for homologation, one of them, Thomas H. Maddox, who is also tutor to the heir of the testatrix, opposed an item in the account, in which a charge is made of the sum of seven thousand five hundred dollars, as a fee for professional services rendered by Henry Carleton, Esq., his co-executor. This fee was reduced by the judgment of the Court of Probates, and both parties appealed.
The grounds of opposition are, that this charge was allowed and paid, by the opponent, in error, and through the misrepresentation…
2Cited by10 opinions
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- Baggette v. CollinsLouisiana Court of Appeal · 1987
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