Succession of Kernan

Citations

• 105 La. 592

Syllabus

<p>Syllabus.</p> <p>1. The successive administrations of the same succession under different administrators or executors are separate. The rights and obligations of the different administrations are distinct. The right of the last administrator to his commissions, be they large or small, is a direct liability from the succession to himself; and he cannot be remitted for payment to a settlement between himself and a prior administrator who had appropriated to himself for commissions the whole amount allowed for the commissions of a full administration. The amount allowed by law for commissions is to be shared between the different administrators, but not necessarily equally.</p> <p>2. The executor of a succession Is entitled to retain the services of an expert at the expense of the succession to assist him in preparing his final account only in exceptional cases.</p> <p>3. The executor of a succession is not entitled to be reimbursed from the succession for the premiums paid to a surety company for becoming surety on his bond, prior to the act of 1900.</p> <p>4. Attorneys who are employed by certain of the legal heirs of a deceased person exclusively in their own behalf, to annul and set aside a special legacy which had been left to an outside party and who succeed in having the legacy set aside and the amount thereof made to enure consequentially to all the other legal heirs, are not entitled to be placed on the final account of the executor as creditors of the succession, with a privilege upon the entire funds of the succession, nor with a charge upon the enlarged amount which was made to all the heirs, through the setting aside of the legacy. They must look for payment of their services, however valuable to other parties, to the particular heirs who employed them.</p> <p>5. Printers employed by the executor to print the brief of a solvent estate, needed in the Supreme Court in defense of an action attacking a clause in a will, are entitled to be paid as succession