Succession of Aguillard

Merrick, O. J.

This is an appeal from a decree homologating a partition taken by Aurélie Robillard and other heirs of the deceased.

The assets to be partitioned consisted of cash in the hands of the administrator and the matured notes and notes not yet due of the heirs and others.

The appellants complain of the partition made by the notary on the following among other grounds, viz:

1st and 2d. That the notary allotted the shares to the heirs, instead of forming lots, and allowing the heirs to draw for the same. It is true, that the Civil Code, Art. 1289, directs the formation of lots, and that…