Succession of Filhiol

Citations

• 123 La. 497
• 49 So. 138
• 1909 La. LEXIS 734

Syllabus

<p>1. Appeal and Error (§ 1097*) — Law of the Case.</p> <p>The judgment of the district court heretofore rendered, and affirmed on appeal, having received an interpretation of which it is fairly susceptible and which operates no injustice, this court will not now undertake to enforce such judgment upon a theory of interpretation not heretofore propounded, and which is made impracticable by the action and acquiescence of the proponent.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 4358-4368; Dec. Dig. § 1097.*]</p> <p>2. Executors and Administrators (§ 495*)— Commission of Executor.</p> <p>Where the testator names the same person as his universal legatee and sole executor, the intention that such person shall have the estate oyer and above any amount which might otherwise be required for the payment of an executor’s commission is unmistakable, and the fact that such intention is defeated, or partially defeated, with respect to the legacy, furnishes no basis for the argument that the commission should be withheld.</p> <p>[Ed. Note. — For other cases, see Executors and Administrators, Dec. Dig. § 495.*]</p> <p>3. Wills (§§ 211, 405*) — Probate—Fees of Counsel — Costs.</p> <p>It is, ordinarily, the duty of a person named as testamentary executor to offer the will for probate, to defend it from attack, and to endeavor to have it executed, and, as that duty results from the act of the testator, the expense, such as fees of counsel and costs of court, incurred in its discharge, should be borne by the testator’s succession.</p> <p>[Ed. Note. — For other cases, see Wills, Cent. Dig. §§ 518, S79-884; Dec. Dig. §§ 211, 405.*]</p> <p>4. Wills (§ 408*) — Probate—Allowance for Attorney’s Fees.</p> <p>The amount allowed as attorney’s fees in one case, does not, as a rule, throw much light upon the question of what should be allowed in another. The matter must be determined in each case with reference to the presence or absence of a variety of factors.</p