Succession of Marinovich

Citations

• 105 La. 106

Syllabus

<p>Syllabus.</p> <p>1. A tutrix vacates her trust by the fact of remarriage without complying with the requirements of Article 254 of the Civil Code.</p> <p>2. But this vacation of the office of tutrix does not have the effect of also vaeat- - ing the office of under-tutor.</p> <p>3. It is not only the right but the duty of the under-tutor, if he think the interests of the minors so require, to oppose the reappointment of the newly-married widow as tutrix.</p> <p>4. A family meeting should be composed of relations of the minors; in default of relations, of friends.</p> <p>5. The law requires the presence of the under-tutor at family meetings, and one held without notice to‘ him and without his presence will be set aside.</p> <p>6. It having come to the knowledge of the trial judge that circumstances exist which made the appointment of a tutor to the minors necessary, his action in ordering steps to be taken to that end was proper, and this without regard to whether or not this relief was specially asked for on their behalf.</p>