Succession of Theriot

Citations

• 116 La. 25
• 40 So. 519
• 1906 La. LEXIS 460

Syllabus

<p>1. Executors and Administrators — Administration oit Succession.</p> <p>The question as to whether a succession shall be placed under administration is to a very considerable extent submitted to the sound discretion of the trial judge, to be exercised for the benefit of all parties in interest, and especially for the benefit of parties advancing claims against the succession. Where there are 30 or more heirs in a small succession, some of whom are minors and other majors, and some residing out of the state, parties asserting rights as creditors should not be driven to personal actions against all of these different heirs. They are entitled to have their claims passed upon as quickly and as economically as possible in Louisiana in a single suit.</p> <p>[Ed. Note.-—For cases in point, see vol. 22, Cent. Dig. Executors and Administrators, § 3.]</p> <p>2. Same—Appointment op Administrator.</p> <p>The action of the trial court in selecting one of two opposing nephews of the_ deceased as administrator of the succession will not be reversed, where the evidence establishes the fitness of the party chosen, that he was the relative to whom the deceased was most closely attached, and with whom he had lived and been cared for for many years.</p> <p>[Ed. Note.—For cases in point, see vol. 22, Cent. Dig. Executors and Administrators, § 51.)</p> <p>(Syllabus by the Court.)</p>