Succession of Withers
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. A person who applying for the administration of an estate alleges the necessity of an administration, but who subsequently fails to qualify, can not be heard, when opposing the claim of the public administrator for appointment as dative testamentary executor, to allege a different state of facts and deny that any necessity for such an administration exists; lie is estopped from so doing, 22 An. 252;…
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APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. A person who applying for the administration of an estate alleges the necessity of an administration, but who subsequently fails to qualify, can not be heard, when opposing the claim of the public administrator for appointment as dative testamentary executor, to allege a different state of facts and deny that any necessity for such an administration exists; lie is estopped from so doing, 22 An. 252; 6 U. 280; 1 R. 546; 6 R. 142; 4 An. 416; 11 An. 710; 5 An. 18. A foreign executor who wishes to qualify in the State as…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This case presents a controversy relative to the appointment of the public, administrator of the parish of Orleans to administer the succession of the deceased in the State of Louisiana.
The executor appointed by the proper court of the State of New York, where he resided at time of death, to administer his succession in that State, insists the appointment of the public administrator on the ground that he was, at date of application, in the actual possession of, and had dominion over, all the Louisiana assets of the succession of the…
2Cited by2 opinions
- Succession of BossuSupreme Court of Louisiana · 1905
- Dixon v. DavisLouisiana Court of Appeal · 1934