M'Guire v. Ross
Supreme Court of Louisiana
Western Dist. APPEAL PROM THE COURT OP PROBATES FOR THE PARISH OP OUACHITA. This suit was instituted by the appointment of R. F. M'G-uire, curator ad hoc, by the judge of probates for the Parish of Ouachita, with directions to prosecute the removal from office, of Mrs. Elizabeth Ross, tutrix of her minor grand children, for malfeasance in office, and to require her to render an account of her administration.
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Western Dist. APPEAL PROM THE COURT OP PROBATES FOR THE PARISH OP OUACHITA. This suit was instituted by the appointment of R. F. M'G-uire, curator ad hoc, by the judge of probates for the Parish of Ouachita, with directions to prosecute the removal from office, of Mrs. Elizabeth Ross, tutrix of her minor grand children, for malfeasance in office, and to require her to render an account of her administration. The defendant excepted to the appointment of a curator ad hoc to prosecute her to removal from office, because if it became necessary to institute this proceeding, the under tutor was the…
1Opinion of the CourtBullard, J.
The appellee, under an appointment from the Court of Probates as curator ad hoc, instituted the present proceedings to remove the defendant from the tutorship of her minor grand children, and to cause her to render an account. She set up as an exception that, a curator ad hoc could not be appointed in the case before the court, there being an under tutor legally appointed for the minors to wit, John S. Lewis, whosé duty it is to act for said minors, whenever their interests are in opposition to those of the minor.
The court, in our opinion,"erred in overruling this exception and proceeding…
2Cited by3 opinions
- Castille v. GallagherSupreme Court of Louisiana · 1944
- State ex rel. Conery v. St. PaulSupreme Court of Louisiana · 1903
- Succession of DesinaSupreme Court of Louisiana · 1914