Bass v. Chambliss
Supreme Court of Louisiana
APPEAL from the District Court of the parish of Carroll, Perldns, J. 1. The non-payment of interest will be resisted, because it is said, neither the code nor the statute law of the State make any provision for the payment of interest by executors, administrators, curators, or persons who occupy a fiduciary relation, except in the case of tutors; and because, if interest could be charged ordinarily, it ought not to be charged in this case, as the fund in the executor’s hands…
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APPEAL from the District Court of the parish of Carroll, Perldns, J. 1. The non-payment of interest will be resisted, because it is said, neither the code nor the statute law of the State make any provision for the payment of interest by executors, administrators, curators, or persons who occupy a fiduciary relation, except in the case of tutors; and because, if interest could be charged ordinarily, it ought not to be charged in this case, as the fund in the executor’s hands arose principally from notes collected, which had from one to ten years to mature; and that, by the directions of the…
1Opinion of the CourtBuchanan, J.
This is a suit for an account instituted 24th April, 1848.
The account was filed 27 th November, 1848.
Plaintiffs, the heirs of Job Bass, opposed the account on the following grounds:
1st. “That for the year’s 1839, 1840, 1841, and 1842, the executor had in his hands, as will appear from the accounts of those years, about twenty thousand dollars, for which he allowed no interest, except for the year 1839.”
This claim of interest is based upon the Act of 1837, page 96, section 6.
The record shows that Chambliss rendered three accounts of his administration — the first on the 7th April, 1840, was…
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