Rachal v. Rachal's Heirs
Supreme Court of Louisiana
Western Hist, APPEAL PROM THE COURT OP PROBATES POR THE PARISH OP NATCHITOCHES. This is an action instituted by the natural tutrix of a minor child, to recover its portion of its grandfather’s succession, which is in the hands of the administrator. The plaintiff alleges, that her minor daughter is entitled, by representation of her deceased husband, to one seventh part of the succession of her husband’s father, now in the hands of the administrator, in money.
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Western Hist, APPEAL PROM THE COURT OP PROBATES POR THE PARISH OP NATCHITOCHES. This is an action instituted by the natural tutrix of a minor child, to recover its portion of its grandfather’s succession, which is in the hands of the administrator. The plaintiff alleges, that her minor daughter is entitled, by representation of her deceased husband, to one seventh part of the succession of her husband’s father, now in the hands of the administrator, in money. That as natural tutrix of her said minor, she has a right to call on the administrator for its share, and to claim the portion coming…
1Opinion of the CourtMartin, J.
This is an action by the plaintiff, as natural tutrix of her minor daughter, against the co-heirs and the administrator of the ancestor’s estate. The estate is alleged to have been administered, reduced into cash, and forms a gross sum in *458the hands of the administrator. He is called upon to produce his accounts, and judgment is sought for the share of the minor in the balance.
The tutrix cannot maintain an action of partition for the share of her pupil ■without the advice of a family meeting*, together with the special authorization of the judge.^ Co-heirs have an undivided m-terest in the…
2Cited by5 opinions
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- Barbin v. SchwartzenbergSupreme Court of Louisiana · 1903
- Derouen v. NorresSupreme Court of Louisiana · 1897
- Succession of DumestreSupreme Court of Louisiana · 1888
- Succession of HeffnerSupreme Court of Louisiana · 1897