Succession of Pavey
Citations
- 124 La. 520
- 50 So. 518
- 1909 La. LEXIS 490
Syllabus
<p>1. Courts (§ 202*) — Probate Court — Orders Reviewable — Appointment op Temporary Keeper op Property.</p> <p>A suspensive appeal will not lie from an order of the probate judge appointing a temporary keeper of succession property pending a contest over the appointment of an administrator.</p> <p>2. Executors and Administrators (§ 22*)— Temporary Keeper — Power to Appoint.</p> <p>Under the provisions of Act 109, p. 173, of 1906, relative to inheritance taxes, it is made unlawful for any heir or legatee to take or be in possession of property composing the inheritance until he shall have obtained the authority of the court to that effect. This statute places all successions in gremio legis, and by necessary implication empowers the court to conserve the property of the estate by the appointment of a temporary keeper until an administrator can be appointed or the heirs or legatees sent into possession.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying as premature motion to strike when it challenged typicality and predominance
- denying as premature motion to strike when it challenged typicality and predominance
- “Requiring plaintiffs to demonstrate that fiduciary transferors and non-fiduciary transferees knew their transaction violated ERISA would erect a significant barrier to the ability of plaintiffs in such cases to survive a motion to dismiss or ultimately prevail.”
- “[T]he fiduciary transferor . . . must have knowledge of certain facts underlying the prohibited transaction, but need not have knowledge that the transaction violated ERISA, to be liable under § 406(a).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Land
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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