Succession of Broadway

Citations

• 114 La. 492
• 38 So. 430
• 1905 La. LEXIS 494

Syllabus

<p>ADMINISTRATOR — RESIGNATION—APPEAL— PARTIES.</p> <p>On Motion to Dismiss.</p> <p>1. Where the probate judge accepted the resignation of an administrator, and ordered his bond to be canceled on the appointment and qualification of his successor, and creditors appealed, held, that other creditors and the widow and heirs of the deceased were not necessary parties to the appeal.</p> <p>On the Merits.</p> <p>2. The ex parte resignation of an administrator, with accounts to render, and its acceptance by the probate judge, will be vacated, when it appears that the alleged inability is not of such a nature as to prevent the officer from continuing his gestión.</p> <p>(Syllabus by the Court.)</p>