Succession of Baumgarden
Supreme Court of Louisiana
A PPEAL from tlie Civil District tx Houston, J. Court for the Parish of Orleans. 1. Testamentary executors continue in office until the estate is finally wound up, E. 0. C., 1673, unless removed from causes specified by law.
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A PPEAL from tlie Civil District tx Houston, J. Court for the Parish of Orleans. 1. Testamentary executors continue in office until the estate is finally wound up, E. 0. C., 1673, unless removed from causes specified by law. C. P, 1013 et seq. 2. An ex-parte order, without notice to the executors, putting three heirs in possession of three-fourths of a succession, tlie remaining heir being a minor, before a partition, and without payment of debts, is a nullity, and does not ipso facto divest tbe executors of their seizin. C. P. 1000, 1003 j Eabin vs. Nolan, 4 E. 283; Caldwell vs. Cooper, 6 E.…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Boché, J.
This record presents two appeals taken by Charles Kmumel and Charles Zimmerman, as executors of the last will of the deceased, and by Charles Zimmerman, as tutor of the minor Lilly Baumgarden.
The first is a devohitive appeal taken from a judgment of the lower court placing the three heirs of age in possession of their shares of the succession, rendered on the 2()th of February, 1882, and the other, a suspensive appeal'taken from a judgment rendered on the 30th of March of the same year, dismissing an action instituted on…
2Cited by12 opinions
- Pankey v. Hot Springs Nat. BankNew Mexico Supreme Court · 1938
- First National Bank v. JohnsonSupreme Court of Louisiana · 1912
- Florida Molasses Co. v. BergerSupreme Court of Louisiana · 1951
- Guillory v. Reimers-Schneider CompanyLouisiana Court of Appeal · 1957
- Commercial Nat. Bank v. SandersSupreme Court of Louisiana · 1913
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