Succession of Peters

Citations

• 114 La. 952
• 38 So. 690
• 1905 La. LEXIS 576

Syllabus

<p>ADMINISTRATION — CREDITORS OR SUCCESSION— ORDER OR PREFERENCE — EXECUTOR’S ACCOUNT-HOMOLOGATION — REVIEW.</p> <p>1. The law provides that the claim of the widow or minor in necessitous circumstances “shall be paid in preference to all other debts, except those for the vendor’s privilege and those incurred in selling the property,” but it does not otherwise affect the order of preference in which the creditors of a succession are to be paid, and, after such claim has been so paid, the claims to which inferior privileges are accorded should be paid in the oi'der established by law, and should not be subjected to horizontal or pro rata contribution, levied without regard to rank.</p> <p>2. The judgment of a district court homologating an account of an executor will not be reversed for the correction of a trifling error, not specified by opposition, and the correction of which would entail expense upon others, without benefit to the appellant.</p> <p>(Syllabus by the Court.)</p>