Denaule v. Nunez
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES, FOP. THE PARISH OF LA FAYETTE. The plaintiff brought this action in his own behalf as heir and as the attorney in fact of the other heirs of the late Jean Denaule, against the curator of his succession, praying that the said heirs be recognised by the court and put in possession of their said ancestor’s succession ; and that the defendant render a strict account of his administration.
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APPEAL FROM THE COURT OF PROBATES, FOP. THE PARISH OF LA FAYETTE. The plaintiff brought this action in his own behalf as heir and as the attorney in fact of the other heirs of the late Jean Denaule, against the curator of his succession, praying that the said heirs be recognised by the court and put in possession of their said ancestor’s succession ; and that the defendant render a strict account of his administration. The curator denied the alleged heirship, and averred his willingness to account and pay whatever might be due to the persons entitled to it. The heirship of the plaintiff and…
1Opinion of the CourtMartin, J.
The plaintiff is appellant from a judgment which rejected a credit which he claimed on his account, as curator of the estate of the plaintiff’s ancestor for $657 88, for an equal sum received by the latter about ten years before his death for the defendant’s ancestor.
The allowance of this credit was opposed on two grounds: 1st, the defendant ought to have claimed it, in the course of his administration of the estate by an application to the Court of Probates, or presented it for allowance in a tableau of distribution, and having neglected to do so, it was too late to claim it, when he was…
2Cited by5 opinions
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