Gaspard v. Coco

Citations

• 116 La. 1096
• 41 So. 326
• 1906 La. LEXIS 638

Syllabus

<p>1. Guardian and Ward—Accountin<3--Matters Involved in Appellant’s Complaint.</p> <p>In the matter of the settlement of the succession, the court of first instance, considered dealings between the tutrix administering while in oflice, and excluded the personal accounts between the parties after their majority as not connected with the settlement of the succession, nor with the settlement of the account of thetutrix. Tutorship of Crane, et al., 17 South. 43l, 47 La. Ann. 896. As the settlement is sufficiently complicated without considering those items they will not be considered in the appeal. If anything be due to the tutrix she can deduct it in settling balances with her wards.</p> <p>'2. Same—Taxes Paid by Tutrix.</p> <p>In settling accounts between the tutrix and •one of her wards, taxes, though due her were not added to the indebtedness of the ward. It was considered that she was paid these taxes in the •settlement as made. The tutrix was allowed for maintenance of the minors which was fixed by keeping account of taxes and deducting them.</p> <p>3. Same—Evidence.</p> <p>The weight of the testimony did not sustain the claim for note donated by the late husband and not paid by the tutrix as averred.</p> <p>4. Same—Rights of Usufructuary.</p> <p>The usufructuary is entitled to fruits and revenues from day to day. As much of the rental as had been earned at the date that the ■succession was opened was due to the succession.</p> <p>•5. Same—Support of Children.</p> <p>Appellee’s claims, set forth in answer to appeal. The mother did not waive her claim for maintenance. The succession was small as to assets. The mother had by her own personal •exertions provided for the children. The court considered that she was entitled to a limited amount for their support after she had lost the usufruct of the property.</p> <p>■6. Same—Charges Against Usufructuaries.</p> <p>Usufructuaries must bear the expense of repairs, but not of new building necessary, which enhanced the val