Hebert v. Hebert

On the question of the liability of the sureties of the administrator presented in this case, I entertain a different view of the law from that taken by the majority of the court.

In conducting the sale which was ordered for the purpose of effecting “a liquidation, settlement and partition of the succession,” I think the administrator acted in his fiduciary capacity, and that his sureties are responsible for his unfaithful conduct, and acts of maladministration, whether the court ordered the property to be sold on one, two and three years’ time, or whether it ordered the sale on twelve months’…