Succession of Merrick
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans, Lazarus, J. 1. It is well settled, that a.representative of a succession may sell community property to pay debts, upon a proper showing, even though minors are interested therein, especially when the estate is insolvent. Minors have but a mere residuary interest in community property, and can take nothing until its debts are paid. 33 An. 473; 28 An. 176 ; 11 R. 508-10; 9 An.
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APPEAL from the Civil District Court for the Parish of Orleans, Lazarus, J. 1. It is well settled, that a.representative of a succession may sell community property to pay debts, upon a proper showing, even though minors are interested therein, especially when the estate is insolvent. Minors have but a mere residuary interest in community property, and can take nothing until its debts are paid. 33 An. 473; 28 An. 176 ; 11 R. 508-10; 9 An. Í07. 2. An administratrix and widow in community after having previously filed a tableau, sh owing-the debts, can obtain an order to sell the property of a…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Louis J. Bright, surviving husband of the deceased, is administering her succession as the duly qualified natural tutor of their minor children. The inventory exhibited about three hundred dollars of personal property belonging to the separate estate of the wife, arid community property amounting to about fifty-six hundred dollars, the main item of which was a piece of real estate valued at five thousand dollars. The inventory further exhibits a declaration by the surviving husband that the community was indebted to him in the sum of about…
2Cited by8 opinions
- Sanderson v. FrostSupreme Court of Louisiana · 1941
- Slaton v. KingSupreme Court of Louisiana · 1948
- Succession of GollSupreme Court of Louisiana · 1924
- Succession of BellSupreme Court of Louisiana · 1939
- Slaton v. KingLouisiana Court of Appeal · 1947
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