Succession of Baumgarden
Supreme Court of Louisiana
APPEAL from the Civil District Coart for the Parish of Orleans. Tissot, J. 1. "When one of the heir3 is a minor, the heirs of age cannot be put in possession, unconditionally, of their shares or portion of the estate, until a partition is effected. C. C. 1047; 30 An. 389; 30 An. 807; 3 An. 502; Succession Therese Baumgarden, 35 An., K. R. S. A succession is a unity. It cannot exist as to one heir, and be extinct as to another heir.
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APPEAL from the Civil District Coart for the Parish of Orleans. Tissot, J. 1. "When one of the heir3 is a minor, the heirs of age cannot be put in possession, unconditionally, of their shares or portion of the estate, until a partition is effected. C. C. 1047; 30 An. 389; 30 An. 807; 3 An. 502; Succession Therese Baumgarden, 35 An., K. R. S. A succession is a unity. It cannot exist as to one heir, and be extinct as to another heir. To terminate tbe existence of a succession the heirs must all be sui juris, and have the capacity to render themselves liable for the succession debts. This a…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
Three of the major heirs of N. A. Baumgarden obtained an order from tbe Civil District of New Orleans putting them in possession of the succession of the deceased.
The executors of the last will of Mrs. Therese Baumgarden, the wife of said decedent, and who died after him, and the tutor of the minor child of said decedents, have appealed from this order or judgment.
There is a motion to dismiss their appeal on substantially tbe following grounds:
*6761. That the parties have no appealable interest.
2. That the appellees have not…
2Cited by7 opinions
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- Succession of PavelkaSupreme Court of Louisiana · 1926
- John Barkley & Co. v. Ham & SeymourSupreme Court of Louisiana · 1921
- Drewes & Co. v. Ham & SeymourSupreme Court of Louisiana · 1921
- Gottlieb v. Avery Realty Co.Supreme Court of Louisiana · 1934
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