Succession of Weincke

Citations

• 118 La. 206
• 42 So. 776
• 1907 La. LEXIS 694

Syllabus

<p>1. Appeal — Questions to be Determined.</p> <p>Two judgments, signed the same day, the one making absolute a rule to annul the premature appointment of an administrator, and the other maintaining an opposition to his appointment, may be brought up by the same appeal.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 59, 60.]</p> <p>2. Administrators — Appointment — Opposition.</p> <p>Where an opposition to the appointment of an administrator of a succession is filed before the expiration of the delay required for the publication of the application, and before the clerk has made any order of appointment, the issuance of letters before such opposition has been heard is unauthorized, and the letters will be annulled.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 22, Executors and Administrators, §§■ 192, 194.)</p> <p>3. Same — Necessity.</p> <p>Where an intestate succession owes no debts, save those incurred in connection with the last illness, death, and burial of the decedent, which are trifling compared to the assets, and the holders or creditors of which appear and disclaim any desire for an administration, and there are no minors, an administration should not be ordered at the instance of one (of eight) of the major heirs, who applies to be appointed administrator, even though he claims the benefit of inventory.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 22, Executors and Administrators, §§ 3, 4, 10.]</p> <p>4. Same — Inventory—Costs.</p> <p>Where an applicant for appointment as administrator has caused an inventory to be made, the costs may be imposed upon the mass, though the application be defeated upon the opposition of his co-heirs. In such case, however, all other costs should be imposed upon the applicant.</p> <p>(Syllabus by the Court.)</p>