Succession of Hartigan

Citations

• 51 La. Ann. 126
• 24 So. 794
• 1898 La. LEXIS 573

Syllabus

<p>Syllabus.</p> <p>It is the duty of executors and administrators to act for the protection of the heirs and legatees of a succession, and the mass of creditors, not in that of special creditors. When an administrator or executor has placed certain ' parties upon his account as unpaid creditors, and the claims on opposition made, have teen either reduced or rejected, the executor or administrator is not, as such, authorized to appeal on their behalf and champion their rights. The parties aggrieved must appeal themselves. If the administrator or executor has placed himself on the account as a creditor, and his claim is reduced or rejected, he must appeal as an individual, not as executor to obtain relief. (Ferguson & Hall vs. Their Creditors, 19th La. Ann. 278; Girod vs. Creditors, 2nd Ann. 548 ; Beer vs. Creditors, 12th Ann. 774 ; Payne & Co. vs. Dejean, 32nd Ann. 889 ; Chapoton vs. Creditors, 46th Ann. 414; Andrus vs. Creditors, 46th Ann. 1351.)</p> <p>On Rehearing.</p> <p>The executor has no interest or right to appeal from the judgment which rejects items on the account filed by him alleged to be due creditors, and rejects also amounts placed on the account claimed to be due the executor. The appeal allowed by law is by the aggrieved creditor and by the .executor personally.</p>