Succession of De Flechier
Supreme Court of Louisiana
APPEAL from the Court of Probates of New Orleans, Bermudez, J. On the 13th of May, O. Be Flechier, styling himself one of the heirs of the deceased, presented a petition to the Probate Court alleging that Bo-mingon, the appellant, had been appointed administrator of the succession, on complying with the requirements of law; that Bomingon never complied with such requirements, and never gave the security required by law; that, about a month before, he was ordered by the Court…
Read the full summary
APPEAL from the Court of Probates of New Orleans, Bermudez, J. On the 13th of May, O. Be Flechier, styling himself one of the heirs of the deceased, presented a petition to the Probate Court alleging that Bo-mingon, the appellant, had been appointed administrator of the succession, on complying with the requirements of law; that Bomingon never complied with such requirements, and never gave the security required by law; that, about a month before, he was ordered by the Court of Probates to furnish the security required, but that he has neglected or refused to obey the order. The petitioner…
1Opinion of the Court
The judgment of the court was delivered by
Existís, C. J.
We have examined with care the several points of practice which the counsel for the appellant has submitted to us, and we have come to the conclusion that the proceedings for the removal of the appellant from the office of administrator are correct and legal.
The suit was commenced by one of the beneficiary heirs in the usual form, and in conformity with articles 1017 and 1018 of the Code of Practice, and on the issues made by the appellant’s answer, the judge could hardly do otherwise than supersede the appellant.
"We cannot notice the…
2Cited by1 opinion
- State ex rel. Gelpi v. KingSupreme Court of Louisiana · 1905