Succession of Conery

Citations

• 111 La. 113
• 35 So. 479
• 1903 La. LEXIS 502

Syllabus

<p>ADMINISTRATOR —DISMISSAL — WITHDRAWAL OF FUNDS—FAILURE TO FILE ACCOUNTS— PENALTIES—ACCOUNTING.</p> <p>1. An administrator will not he dismissed after his final account has been filed, when the dismissal cannot be of any possible benefit to heirs or creditors.</p> <p>2. The penalty of 20 per cent, will be imposed for failure to comply with article 1150 of the Civil Code. Funds are not to be withdrawn from deposit without an order of court and invested even for account of some of the heirs.</p> <p>3. The penalty of 10 per cent, for failure to file an annual account will not be imposed when asked for on the opposition of the final account long after the asserted failure to file the annual account. The remedy was to apply tp the court for an order to file an account,. a’nd, on failure, to then demand the removal.</p> <p>4.The administrator will be charged with all funds due on his final account, viz., for rents and amounts collected since his final account was filed. The administrator is liable for failure to collect rents from the grandchildren of the de cujus, who are not called to the inheritance of their grandfather’s succession, their father not being dead.</p> <p>(Syllabus by the Court.)</p>