Legal Opinion

Succession of Barrett

Supreme Court of Louisiana

Decided January 15, 1891No. 10,687PublishedCited by 4 opinions

APPEAL from the Civil District Court for the Parish of Orleans. King, J. A surviving husband has no power to incur debts for the succession of his deceased wife. All moneys received by an administrator, for account of the succession represented by him, should be deposited in bank, and there kept till disbursed by him in accordance with law.

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APPEAL from the Civil District Court for the Parish of Orleans. King, J. A surviving husband has no power to incur debts for the succession of his deceased wife. All moneys received by an administrator, for account of the succession represented by him, should be deposited in bank, and there kept till disbursed by him in accordance with law. The violation of this rule subjects the administrator to dismissal from office and the piayment of 10 per cent, upon the amount so deposited. 37 An. 105.

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J..

The decedent left no estate except her share in the community of acquests and gains subsisting between herself and her surviving husband, who was appointed administrator of her succession. He filed a final account, to which the legal heirs of deceased made opposition on various grounds. The judgment of the court below maintained their opposition in certain respects, of which the administrator does not complain, and otherwise overruled it.

The only appeal is taken by the heirs, and that appeal is, by its terms, expressly confined to the…

2Cited by4 opinions

  1. In re Dimmick's EstateSupreme Court of Louisiana · 1903
  2. Succession of GandolfoSupreme Court of Louisiana · 1931
  3. Succession of BagleySupreme Court of Louisiana · 1908
  4. Succession of DavidSupreme Court of Louisiana · 1948

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