Hansell v. Hickox

Citations

• 121 La. 721
• 46 So. 784
• 1908 La. LEXIS 743

Syllabus

<p>1. Executors and Administrators — Removal of Administrator — Grounds — Omissions from Inventory.</p> <p>It does not appear that the heirs secreted property of the succession. The administrators are not to be dismissed on the ground of having prejudicially withheld property from the inventory, that contention not being sustained.</p> <p>2. Same — Acts before Appointment.</p> <p>It does not appear that the administrators injuriously meddled with the assets of the succession before they were appointed. The ground is not sufficient to warrant their dismissal, they having been appointed without objection.</p> <p>8. Same — Improper Payments — Order of Court — Necessity.</p> <p>Payments made without an order of court may be allowed as a credit if they release an estate from legal charges.</p> <p>4. Same — Payments Without Order of Court — Preservation of Estate.</p> <p>The crop may be saved, and the work to-save it and the consequent expenses without an order of court may not afford sufficient ground for dismissing the administrators.</p> <p>Moreover, on the face of the papers, sufficient for the purpose of this suit, one of the administrators had an interest as owner. The nature of the alleged ownership need not be particularly considered at this time and in these proceedings. The apparent interest affords some ground not to inflict the penalty of dismissal.</p> <p>5. Same.</p> <p>Questions of amount of indebtedness of heirs are to be fixed in proceedings hereafter, if brought. The claims are not in themselves cause to oust the administrators, though they may be exaggerated and even fictitious. That will be considered hereafter, but at this time affords no grounds to dismiss the administrators.</p> <p>6. Same — Application for Leave to Sell.</p> <p>By offering to sell, an offer which was stopped, the administrators have not necessarily placed themselves in a position which would justify dismissal. The offer is not equivalent to a sale. The interest represented is three