In re the Succession of Foley

The opinion of the Court was delivered by

Fenner, J.

The widow of Thos. W. Foley had duly qualified as natural tutrix of her minor children, in the parish of Assumption.

Subsequently, without convoking a family meeting as required by Art. 254, C. C., she contracted a second marriage with Thos. 0. Newman, and now resides with her said husband in Galveston, Texas, whereby, under the terms of said article, she was “ ipso fa*to deprived of the tutorship.”

She made application to the court a qua to be appointed tutrix, and, representing that she was unable to furnish bond or special mortgage and…