Percy v. Provan's
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF IBERVILLE. This is an action by Thomas B. Percy, tutor of the minor Provan, against H. D. Richardson, testamentary executor of William Provan, deceased, to compel him to account and pay ove)-10 h¡m9 as tutor, one-half of the net proceeds of the estate °f the deceased, according to the provisions of the will.
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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF IBERVILLE. This is an action by Thomas B. Percy, tutor of the minor Provan, against H. D. Richardson, testamentary executor of William Provan, deceased, to compel him to account and pay ove)-10 h¡m9 as tutor, one-half of the net proceeds of the estate °f the deceased, according to the provisions of the will. He prays for a partition of said succession, and that the attorney of absent heirs be cited to appear and become a party thereto. The executor averred, that he had rendered his account in due season, and his term had been prolonged ;…
1Opinion of the CourtSimon, J.
This is a suit against an executor, to account, and against the attorney for the absent heirs of the deceased, for a partition of the estate.
Dr. William Provan died in the parish of Iberville, leaving only one child. By his will, he disposes of one-half of his estate in favor of his son, and of the other half, in favor of his parents; after their death, their half is to go to the testator’s three sisters. The testament contains, also, several special legacies, and provides for the payment of debts, &c. The testator appoints John Henderson and the defendant, Richardson, as his testamentary…
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