Legal Opinion

Denegre v. Denegre

Supreme Court of Louisiana

Decided May 15, 1881No. 7834PublishedCited by 1 opinion

APPEAL from tlie Second District Court for the parish of Orleans. Tissot, J. Eirst — Where, on the demand of an heir to obtain an account, and have fixed and delivered his interest in an estate, the executor files an account, which does not include an obligation due from tbe heir to tbe estate, tbe co-beirs are interested to have tbe account amended, and to defeat claims made by one whose obligations far exceed his rights.

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APPEAL from tlie Second District Court for the parish of Orleans. Tissot, J. Eirst — Where, on the demand of an heir to obtain an account, and have fixed and delivered his interest in an estate, the executor files an account, which does not include an obligation due from tbe heir to tbe estate, tbe co-beirs are interested to have tbe account amended, and to defeat claims made by one whose obligations far exceed his rights. Second — Co-heirs having an interest may intervene in a proceeding between one of tho heirs and the executors, to protect their rights, save tbe estate from illegal…

1Opinion of the Court

*696The opinion of the Court was delivered by

Bermudez, C. J.

In 1874, the plaintiff, Ada Pierce, widow of John Denegre, claiming to be entitled to the usufruct of her husband’s share in the succession of James D. Denegre, his father, who died, in 1865, brought this suit against the executors of the latter, to be paid an annual interest on the value of that share. She was resisted on the main ground that, as James D. Denegre had not by any testamentary disposition disposed otherwise of his share in the community property, his surviving spouse, one of the defendants in the case, was entitled to the…

2Cited by1 opinion

  1. Succession of HessLouisiana Court of Appeal · 1968

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