Succession of Emonot

Citations

• 109 La. 359
• 33 So. 368
• 1902 La. LEXIS 150

Syllabus

<p>SUCCESSION OF MOTHER — LIFE INSURANCE POLICY — AUTHORITY OF TUTOR — SURVIVING HUSBAND — USUFRUCT—ACCOUNTING BY TUTOR — APPEAL—REMAND.</p> <p>1. The proceeds of a policy of insurance taken out on the life of a mother in favor of her minor daughter inure to the daughter, form no part of the succession of the mother, and cannot he used to pay its expenses.</p> <p>2. A tutor who, acting upon his own authority, accepts upon a good claim less than the amount due his ward, is liable for the difference.</p> <p>3. The surviving husband of a woman who dies leaving a child by a former marriage and no children by her marriage with him has no right of usufruct with respect to her estate, whether paraphernal or in community.</p> <p>4. Where a surviving husband appears in court, and alleges the death of his wife, and that she left a child by a former marriage as her sole heir, and, producing witnesses who swear to the truth of his allegations, causes himself to be appointed tutor of the child, and put in possession of her estate, and thereafter holds the same, and, after 10 years files an account of his gestión as tutor, without at any time questioning the legitimacy of his ward, he will not be heard to do so merely by way of defense to an attack upon the correctness of the account filed.</p> <p>5.Where the interests of justice require it, this court will remand a case in order to afford an opportunity for the introduction of further evidence,</p> <p>(Syllabus by the Court.)</p>