Succession of Oubre

Citations

• 109 La. 516
• 33 So. 583
• 1903 La. LEXIS 407

Syllabus

<p>ADMINISTRATION — OPPOSITION TO ACCOUNT-CLAIMS AGAINST DECEDENT — EVIDENCE.</p> <p>1. Where an account is opposed, and afterward a plea of prescription is filed in the nature of an amendment to the opposition, the plea, considered with other issues, does not have the effect of admitting correctness of the claim opposed. Case differenced from Macarty v. Bureau, 7 Rob. 468, and Barnett v. Cate, IS La. Ann. 161, in which there was no denial of any claim.</p> <p>2. There was no intention, while the decedent lived, to charge him for board and lodging.</p> <p>3. Where a demand of payment is delayed until after the death of the person against whose succession it is presented, the testimony should be peculiarly strong to enable the creditor to recover the amount claimed. Not only no claim was presented, but it appears that services were rendered and provisions furnished to the asserted creditor by the one against whom the claim is alleged to have existed. The parties were brothers, and the testimony gives rise to the impression that the services were rendered without interested motives.</p> <p>(Syllabus by the Court.)</p>