Barbin v. Schwartzenberg

Citations

• 110 La. 467
• 34 So. 606
• 1903 La. LEXIS 656

Syllabus

<p>UNDERTUTOR — APPOINTMENT—TUTOR AD HOC —NATURAL TUTRIX — FORFEITURE OF OFFICE.</p> <p>1. An undertutor may be appointed, though there be a vacancy in the office of tutor, and, when so appointed, cannot be removed without cause, or upon charges which are not sustained.</p> <p>2. Where there is an undertutor competent to act, under the direction of the court, the appointment of a tutor ad hoc to take proceedings looking to the appointment of a tutor, upon the assumption that there is a vacancy in the tutorship, is unauthorized.</p> <p>3. The natural tutrix, who, in contemplation of a second marriage, causes a family meeting to be convened for the purpose of deciding whether she shall retain the tutorship, does not ipso facto forfeit her office by failing to have the proceedings of such family meeting homologated, or by failing to have the evidence of the minor’s mortgage recorded against the prospective co-tutor, before the celebration of the marriage.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>