In re the Succession of Conrad
Supreme Court of Louisiana
APPEAL from the Twenty-first District Court Parish, of St. Martin. Mouton, J. An executor’s account that has had due public advertisement of its filing and has been duly homologated, by final judgment, for more than ten years, is binding upon an heir not legally notified of such filing when that heir is a legatee. C C. Such judgment is res adjvdicaia as to him. 29 An. 378; Sue. Bougere, 10 R. 118; Sue.
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APPEAL from the Twenty-first District Court Parish, of St. Martin. Mouton, J. An executor’s account that has had due public advertisement of its filing and has been duly homologated, by final judgment, for more than ten years, is binding upon an heir not legally notified of such filing when that heir is a legatee. C C. Such judgment is res adjvdicaia as to him. 29 An. 378; Sue. Bougere, 10 R. 118; Sue. Feytavm, 6 L. 223; C. C. 1064 (1067); 16 An. 678; 18 An. 263. When such heir, also a legatee, has managed much of the active business of a succession, by collecting and distributing or…
1Opinion of the Court
The opinion of the court was delivered by
Waticins, J.
This cause comes before us upon an account filed in said succession by William E. Weeks, executor, and several supplemental accounts, and sundry oppositions thereto, od the part of heirs and legatees.
Decedent first married David Weeks, of which marriage there were six children, all of whom were minors, at time of his death in 1834.
She. subsequently, married John Moore, but of that marriage there was no issue. In 1863 she died testate, leaving four children surviving her, namely, William E., Alfred C., Charles C., and Harriet C. Weeks;…
2Cited by11 opinions
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- Abshire v. LegeSupreme Court of Louisiana · 1913
- Succession of SpykerLouisiana Court of Appeal · 1935
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