Succession of Fowler
Supreme Court of Louisiana
from the Second District Court of New Orleans. Lea, J. The appellants oppose all compensation, and insist that the relations between the parties are to be governed by the law of mandate, which, they say, is in its nature gratuitous, and none can be allowed under Art. 2960 of the Civil Code. For all the purposes of this case, the appellee is perfectly willing to meet them on this ground.
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from the Second District Court of New Orleans. Lea, J. The appellants oppose all compensation, and insist that the relations between the parties are to be governed by the law of mandate, which, they say, is in its nature gratuitous, and none can be allowed under Art. 2960 of the Civil Code. For all the purposes of this case, the appellee is perfectly willing to meet them on this ground. It is admitted that, by the Roman law in its earlier stages, the contract of mandate was gratuitous in its nature and in its essence, but the spirit of progress, and the necessities of the more complicated…
1Opinion of the Court
By the court:
Preston, J.
Joseph Fowler departed this life in September, 1850. He died intestate and without heirs in this State. He was possessed of a very large estate in New Orleans, and W. Bogart was appointed curator of his succession.
In July, 1851, he rendered the account of his curatorship and claims from the estate, besides his commisions, the large sum of fifty thousand dollars. The heirs oppose its allowance.
In answer to their opposition, he stated as the grounds of his claim, that it is for constant and continuous and uninterrupted attention to all the business of the deceased, for…
2Cited by6 opinions
- Succession of PalmerSupreme Court of Louisiana · 1915
- Stewart v. Soubral & TuckerSupreme Court of Louisiana · 1907
- Doll v. Albert Weiblen Marble Granite Co.Louisiana Court of Appeal · 1944
- Succession of DunnLouisiana Court of Appeal · 1927
- Succession of PeresLouisiana Court of Appeal · 1937
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