Succession of Bossu

Citations

• 115 La. 14
• 38 So. 878
• 1905 La. LEXIS 604

Syllabus

<p>ADMINISTRATION OX ESTATES — PUBLIC ADMINISTRATOR — TESTAMENTARY EXECUTOR— REVERSAL OX APPOINTMENT.</p> <p>1. In a contest for the dative testamentaryexecutorship of a succession, between the public administrator and the tutor of two minors, who were “legatees under a universal title” of the deceased testatrix, the public administrator is entitled to the appointment; there being no surviving husband or heirs represented in the state. A “legatee under a universal title” is not an “heir.”</p> <p>2. The district court having appointed the tutor of the minors as testamentary executor in preference to the public administrator, he qualified and administered the succession as such. The public administrator appealed devolutively from the judgment. On appeal the judgment appealed from was reversed. This reversal carried with it, under article 905 of the Code of Practice, as a consequence, the obligation on the Supreme Court to appoint the public administrator as testamentary executor.</p> <p>(Syllabus by the Court.)</p>