Succession of Keppel

Citations

• 113 La. 246
• 36 So. 955
• 1904 La. LEXIS 643

Syllabus

<p>COMMUNITY — SETTLEMENT OP HUSBAND’S SUCCESSION — DATIVE TUTOR — ADMINISTRATION — SALE OE SUCCESSION PROPERTY — RI GUTS OP MORTGAGEES — TUTRIX — ACCOUNTING — DISCHARGE-ADJUDICATION.</p> <p>1. Where a man dies, leaving a widow in community and three minor children, to whom, by reason of special circumstances, a dative tutor had been appointed, the settlement of the husband’s succession through the administration of this tutor, the widow acquiescing in the same, carries with it a settlement of the wife’s rights in the community as an incident of the settlement. Succession of McLean, 12 La. Ann. 222; Succession of McCan, -22 South. 225, 49 La. Ann. 974, and authorities.</p> <p>2. A dative tutor, under the circumstances, has the right as such, in the absence of complaint from creditors and legatees, to administer upon the succession in its entirety. It is not a matter of necessity in Louisiana that a succession should under all circumstances be placed under administration through an administrator eo nomine, nor that the parties administering should be acting under bond. Parties in interest can require a bond if they deem their interest jeopardized. An executor, for instance, may administer without bond, if bond be not exacted.</p> <p>3. A dative tutor, administering an entire succession without objection, has the right to apply to the court for, and the court has the right to grant, an order for the sale of property of the succession in its entirety to pay the debts of the succession and of the community, as an administrator would have the right, had the succession been under administration of that character. It is the duty of parties who might deem their interest would be injuriously affected to take adverse action. The effect of sale made under such conditions is to raise the mortgages existing upon the property in the name of the deceased, and to transfer the rights of the mortgage creditors to the proceeds of sale in the hands of the person administering the succe