In re the Succession of Smith
Supreme Court of Louisiana
APPEAL from the District Court of the parish of Pointe Coupée. For-rad', J. Mrs. Mary Ann Smith, being a widow in community, and claiming to take under the will, is a common debtor for all the community debts, and cannot claim and take out of the common stock her separate and paraphernal property, until all the debts are paid.
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APPEAL from the District Court of the parish of Pointe Coupée. For-rad', J. Mrs. Mary Ann Smith, being a widow in community, and claiming to take under the will, is a common debtor for all the community debts, and cannot claim and take out of the common stock her separate and paraphernal property, until all the debts are paid. She cannot be in and out of the community at the same time; she is not entitled to a judgment against her deceased husband’s estate for a specific sum of money, with interest from a certain date, but must await the full administration and payment of all the debts of the…
1Opinion of the CourtVooriiies, J.
On the fifth of December, 1851, Mrs. Mary Ann Smith, as testamentary executrix of the last will of her deceased husband, Ira Smith, filed in the court where his succession was opened, an account of her administration, showing in detail the receipt and disbursement of $35,620 36, and the reservation of $10,000 out of the proceeds of the sales of the crop of sugar and molasses made upon the Smithfield plantation in 1850, in the hands of A. Miltenberger & Go., to abide the decision of a suit instituted against her, in her representative capacity, by Dr. William Jones Dyle, in which the latter…
2Cases cited1 opinion
- Spencer v. ConradSupreme Court of Louisiana · 1844
3Cited by5 opinions
- Smith v. Krause & Managan Lumber Co.Supreme Court of Louisiana · 1910
- Wittwer v. PembertonWashington Supreme Court · 1936
- Deshotels v. LafleurSupreme Court of Louisiana · 1914
- Bourgeois v. DucosLouisiana Court of Appeal · 1966
- Elizardi v. KellySupreme Court of Louisiana · 1905