Succession of Serres

Citations

• 133 La. 929
• 63 So. 409
• 1913 La. LEXIS 2121

Syllabus

<p>1. Executors and Administrators (§ 3*)— Qualification op Executor — Recognition op Heirship.</p> <p>An order recognizing the heirship of a legal heir, and sending her into possession, would not prevent the executor from qualifying, since, after qualifying, he could demand possession of the legal heir for the purpose of executing the will.</p> <p>[Ed. Note. — For other cases, see Executors and Administrators, Cent Dig. §§ 1, 3-14%, 1782; Dec. Dig. § 3.*]</p> <p>2. Descent and Distribution (§ 71*) — Recognition op Heirship.</p> <p>Since the enactment of the Inheritance Tax Law of 1906 (Acts 1906, No. 109) § 17, prohibiting delivery of the property of a succession to the legal heir until the heir is recognized as such by the court, an order of recognition of heirship is not merely formal, and the court should now use more caution in issuing it.</p> <p>[Ed. Note. — For other cases, see Descent and Distribution, Cent. Dig. §§ 229-236; Dec. Dig. § 71.*)</p> <p>3. Descent and Distribution (§ 71*) — Recognition op Heirship.</p> <p>Under Civ. Code, art. 1630, requiring the delivery of legacies under a particular title to be demanded of a testamentary executor who has seisin of the succession, the recognition of one as a testamentary heir, made on an application by another heir for recognition of heir-ship, and to be sent into possession, was ineffectual as to the heir not applying for recognition.</p> <p>[Ed. Note. — For other cases, see Descent and Distribution, Cent. Dig. §§ 229-236; Dec. Dig. § 71.*]</p> <p>4. Wills (§ 5*) — Right to Convex.</p> <p>An owner has the right to give to whomsoever he will that part of his property not reserved by law to his forced heirs.</p> <p>[Ed. Note. — For other cases, see Wills, Cent. Dig. §§ 4, 14; Dec. Dig. §. 5.*]</p> <p>5. Executors and Administrators (§ 14*)— Right to Name Executor.</p> <p>A testator has the right to name in his will the person who shall have charge of his estate for the purpose of paying his debts and delivering