Ray v. McLain

Citations

• 106 La. 780

Syllabus

<p>Syllabus.</p> <p>3. . All the heirs of a testate succession being sui juris and being, at once, heir* at law and testamentary heirs, may ignore the will and divide the estate as they please, and if, with their consent and acquiescence, such estate Is administered by an administrator, instead of an executor, they cannot be heard, to the prejudice of the rights of third persons, acquired as the result of such administration, to object that the proceedings and orders, In which they participated and of which they availed themselves, were irregular and Illegal.</p> <p>,2. Nor can such heirs, at whose'instance, or with whose consent, an administrator has been appointed,, for two successions, the-one testate and the other intestate, and who, by written instruments, have ratified, confirmed, and approved the acts of such administrator, including sales, made by order of •court, at his instance, and have, by such written’instruments, authorized him to proceed, and, with the money realized, pay and compromise certain claims pending against themselves, be heard, after the sales have been made, and the money received and disposed of as thus authorized, to attack the titles of - the purchasers, on the grounds that the successions had been closed and that , the appointment of the. administrator was illegal.,</p>