Legal Opinion

Brown v. Gunning's Curatrix

Supreme Court of Louisiana

Decided October 15, 1840PublishedCited by 2 opinions

appeal Prom the court of the sixth district, for the parish of RAPIDES, THE JUDGE THEREOF PRESIDING, This is an action on the bond of a curatrix, against bet and her sureties, to render them personally liable for plaintiff’s demand.

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appeal Prom the court of the sixth district, for the parish of RAPIDES, THE JUDGE THEREOF PRESIDING, This is an action on the bond of a curatrix, against bet and her sureties, to render them personally liable for plaintiff’s demand. He alleges, that the widow of the late William Gunning, was appointed curatrix of his succession in January, 1834, and gave bond with William R. Leckie and P. Barry, as security, conditioned, that she would well and truly execute the duties of curatrix,, according to law •, that she has received the funds and effects of said succession, and converted them to her…

1Opinion of the Court

Martin J,

delivered the opinion of the court.

This is an action brought jn the District Court, against a curatrix and her sureties, on her bond, to recover a sum of money, for which the plaintiff alleges he has been placed by her on the tableau of distribution homologated by the Court of Probates, on a charge of mal-administration of the estate, and the conversion of its funds to her own use.

The defendants pleaded to the jurisdiction of the court, averring, that the cognizance of a case like the present, is exclusively vested in the Court of Probates; Code of Practice, 997. By this article, it…

2Cited by2 opinions

  1. Brown v. Gunning's CuratrixSupreme Court of Louisiana · 1841
  2. Hemken v. LudewigSupreme Court of Louisiana · 1845

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