Monet v. Garnier
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW-ORLEANS. Roman Mon, died on the 2d November, 1832, leaving a testament, in which he appointed John Garnier and Antonio Rivas, his executors, and left to the latter a legacy. The testamentary executors, administered on the estate, and filed their final account, praying to be discharged. In this account no commission was claimed by or allowed to Antonio Rivas, he having received a legacy.
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APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW-ORLEANS. Roman Mon, died on the 2d November, 1832, leaving a testament, in which he appointed John Garnier and Antonio Rivas, his executors, and left to the latter a legacy. The testamentary executors, administered on the estate, and filed their final account, praying to be discharged. In this account no commission was claimed by or allowed to Antonio Rivas, he having received a legacy. John Garnier, the other testamentary executor, however 7 J 7 claimed the whole commission, amounting to twelve hundred 7 ° and forty-two…
1Opinion of the CourtMartin, J.
Garnier is appellant from the judgment of the Court of Probates, which allows him a commission of one and a fourth, *326per cent, only, as executor of the last will and testament of R. Mon Y. Fon, deceased.
Where the functions of two executors aro equal and undivided, each can claim one half only of the commission. The legacy left to a co-exccutor, is evidence of the testator to remunerate this co-executor for his trouble, by the legacy, instead of the half of the commission he would otherwise bavebeen entitled to.
Gamier and Rivas are mentioned as executors, and their functions are not divided by…
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