Succession of Meteye

Citations

• 113 La. 1012
• 37 So. 909
• 1905 La. LEXIS 801

Syllabus

<p>COMMUNITY — ACTION TO LIQUIDATE — INVENTORY — PARTIES—DEPOSIT IN BANK — EVIDENCE' —SEPARATE ESTATE OP WIPE — TAXES AND INSURANCE-PERMANENT IMPROVEMENTS.</p> <p>1. In an action to liquidate the community, and to be recognized as owner of one half thereof, and usufructuary of the other half, the surviving partner of the community, who had funds deposited in the name of one of the heirs inventoried as belonging to the community, the inventory having been made at his instance without notice to the heirs, has no right on motion to make the bank holding the funds a party, in order to have it withhold the funds, without a conservatory writ issued on bond. The heirs were not bound by the statement on the inventory.</p> <p>2. The evidence shows that the deposit in question consisted of moneys earned by the deceased, which she paid to her daughter for services rendered. The husband does not appear to have objected. His silence and conduct were a tacit approval. The facts and the circumstances point to the daughter, who held the certificate of deposit, as the owner of the sum deposited.</p> <p>3. In order to charge the separate estate of the wife for taxes, insurance, and other similar expenses, or for betterments, it must be made to appear with reasonable certainty that the improvements or other expenses were paid for by the husband with the funds of the community.</p> <p>4. The evidence is conflicting — both that for plaintiff, claiming from the separate estate for expenses for improvements, and, on the other hand, the evidence for the heirs of the wife, claiming an amount growing out of the asserted paraphernal rights of the wife, for which the husband became responsible. The one and the other are left without judicial recognition, further than to hold that the one about offsets the other.</p> <p>5. Permanent improvement made on land belonging to one of the spouses belongs to the owner of the land. As relates to the right of community, only the enhanced value of the prop