Wells v. Scott's
Supreme Court of Louisiana
westehh Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES. This is an action against the executrix of the succession of the late Thomas C. Scott, to compel her to render an account of her administration, and for a partition of the succession.
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westehh Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES. This is an action against the executrix of the succession of the late Thomas C. Scott, to compel her to render an account of her administration, and for a partition of the succession. The plaintiff’s wife alleges she is one of five children and heirs of the deceased, and that the defendant has been regularly qualified as executrix of her ancestor’s estate, and entered upon the duties; and further, that she is the mother of the petitioner, and four other minor children, but has since intermarried with John K. Elgee, and…
1Opinion of the CourtBullard, J.
The appellee moves to dismiss the appeal, on the ground that her husband is not made a party, nor cited as appellee.
It is answered, that she is before the court merely as executrix, and may well appear without the assistance of her husband. The 118th article of the Code of Practice provides, that in all suits for a cause of action, relative to the wife’s separate interest, both husband and wife must be parties. In this case the husband was a party below, and the judgment is in favor of the executrix, for a balance on her account of administration. The balance thus decreed to her, certainly…
2Cited by1 opinion
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