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· 5/1/1899

Succession of Aronstein

Citations

  • 51 La. Ann. 1052
  • 25 So. 932
  • 1899 La. LEXIS 518

Syllabus

<p>Syllabus.</p> <p>1. One haying an Interest to oppose the application of another to open and administer a succession is not confined to merely resisting the application on the ground of a better right in himself.</p> <p>•2. He may go further and resist the application by raising the Issue of a succession to administer, or that of necessity vel non of administration.</p> <p>•8. Where the administration of a succession has been closed and many years afterwards the heirs of the deceased, suing as heirs, recover property, a creditor of the deceased will not be permitted to reopen the succession and bring the property thus recovered under administration as belonging to the succession, and himself appointed administrator.</p> <p>4. The heirs fake by inheritance the property thus recovered from adverse claimants. But this is not to say that they take the property free from the pursuit of the creditors of the succession.</p> <p>.'5. Creditors with valid, existing claims have their recourse clearly pointed out by the law.</p>

Judges: Blanchard, Takes, When

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