Elkins' Heirs v. Elkins'
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS: On the 25th May, 1835, Nathaniel Cox, executor of the last will of Samuel Elkins, deceased, presented his account to tile Court of Probates, and prayed that, after the usual delay and advertisement, it be homologated, and that he be discharged from his trust, after paying the legacies.
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Eastern Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS: On the 25th May, 1835, Nathaniel Cox, executor of the last will of Samuel Elkins, deceased, presented his account to tile Court of Probates, and prayed that, after the usual delay and advertisement, it be homologated, and that he be discharged from his trust, after paying the legacies. The attorney in fact for the heirs of Elkins, made opposition to the account on various grounds, and the matter was referred to an auditor, to state an account. The auditor reported, and several items in his statement of the…
1Opinion of the CourtBullard, J.
This is an appeal from a judgment of the Court of Probates', rendered on the final settlement of his account by the executor of the last will of S. Elkins, by which a large balance was found due by him to the heirs. The executor complains of the judgment in three particulars, which we shall proceed to examine in the order in which they have been argued by his counsel.
1st. That he was not authorized to retain the sum of two thousand five hundred dollars allowed him by the auditors for services rendered by him to the testator in his life time, as his attorney in fact, in passing certain acts of…
2Cited by2 opinions
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