Gaillard v. Bordelon
Supreme Court of Louisiana
APPEAL from the Twelfth District Court, Parish of Avoyelles. Blackman, J. 1. The simple acceptance of a succession is tacit, when some act is done by the heir (or legatee) which necessarily supposes his intention to accept and which he would have no right to do but in his quality of heir (or legatee). C. C. 988, 1013, 1614, 992, 999; 8 An, 431; 9 An 517; 7 An. 553; 5 An. 113; 6 An. 514; 21 An. 717. 2. The heirs of a succession may maintain an action directly against the…
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APPEAL from the Twelfth District Court, Parish of Avoyelles. Blackman, J. 1. The simple acceptance of a succession is tacit, when some act is done by the heir (or legatee) which necessarily supposes his intention to accept and which he would have no right to do but in his quality of heir (or legatee). C. C. 988, 1013, 1614, 992, 999; 8 An, 431; 9 An 517; 7 An. 553; 5 An. 113; 6 An. 514; 21 An. 717. 2. The heirs of a succession may maintain an action directly against the surety on the official bond of an administratrix of a succession. 5 M. 629; 5 L. 322; 16 U. 72; 8 L, 211; 10 L, 26 ; 28 An.…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiffs, as heirs of Joseph Gaillard, who died in 1852, allege that their mother, OdyleMarcot, qualified as administratrix of his succession and furnished bond with Jules Charles Desfossé as surety; that she received valuable property of said succession, which *391she converted to her own use, and died in 1881, without ever rendering any account of her administration ; that Desfossé, the surety on her bond, died in 1880, leaving defendant as universal legatee, who, they aver, had unconditionally accepted his succession, and is, therefore,…
2Cases cited1 opinion
- Wilson v. MurrellSupreme Court of Louisiana · 1843
3Cited by7 opinions
- Wiemann v. MainegraSupreme Court of Louisiana · 1904
- Thompson v. American Surety Co.Supreme Court of Louisiana · 1916
- Fantauzzi v. VázquezSupreme Court of Puerto Rico · 1915
- Posey v. HamnerSupreme Court of Louisiana · 1946
- W. B. Thompson & Co. v. American Surety Co.Supreme Court of Louisiana · 1919
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