Succession of Walker
Supreme Court of Louisiana
APPEAL from the Second District Court, parish of Orleans. Tissot, J. First — A mother who contracts a second marriage without the advice of a family meeting, loses ipso facto the tutorship of her minor children, and is deprived of the power of appointing by will a tutor to such issue. Second — Where there are no debts to pay, and no legacies to satisfy, the appoinment of a testamentary executor is inoperative.
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APPEAL from the Second District Court, parish of Orleans. Tissot, J. First — A mother who contracts a second marriage without the advice of a family meeting, loses ipso facto the tutorship of her minor children, and is deprived of the power of appointing by will a tutor to such issue. Second — Where there are no debts to pay, and no legacies to satisfy, the appoinment of a testamentary executor is inoperative. Third — A forced heir is a creditor of the succession for the legitime which remains after the payment of the debts, and as such has a right to require security from the executor. Eirst…
1Opinion of the Court
The opinion of the court was delivered by
Manning, C. J.
Jennie Ames was left a widow in . 1875 with one child, then and now of tender years. She intermarried with Samuel Walker, and died in August 1879, there having'been no child of the second marriage or none surviving. Her will was offered for probate by Dr. Walker, her surviving husband, who was appointed therein executor with seizin, and tutor to her child.. By express direction of the testatrix he was dispensed with giving bond in either capacity. The inventory of her property amounts to about twenty-seven thousand five hundred dollars,…
2Cited by9 opinions
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