Tutorship of Minor Heirs of Watson

Citations

• 51 La. Ann. 1641
• 26 So. 409
• 1899 La. LEXIS 601

Syllabus

<p>Syllabus.</p> <p>1st. Expenses in Excess op Revenue. — Where the tutor’s expenses for the support of the minor exceed her revenues, and no family meeting recommended the expenses, and the minor, arrived at her majority, refuses to recognize the amount as due, he is not entitled to any credit for the amount in excess of revenues.</p> <p>2nd. Interest. — The tutor is liable for interest on all sums of money of his ward which came into his hands.</p> <p>3rd. Fee op Attorney. — The fee not having been claimed in the lower court, the Supreme Court affirms the judgment without allowing a fee not claimed heretofore.</p> <p>4th. Carrying Claim on the Inventory. — The notary, who, sometime after an inventory was made, becomes the tutor of the minor, is not precluded from showing that a debt due by himself was erroneously credited in the process verbal of the inventory.</p> <p>5th. Charged in Account. — ’The court a qua fixed the amount of an indebted ness arising from 'several sums collected. There was a presumption raised in favor of its correctness. Succession of Bauman, 30 Ann., 1138. ■</p> <p>6th. The Judgment. — With reference to very small items of an account, the judgment will not be disturbed, unless error be shown beyond all question.</p> <p>Ox Rehearing.</p> <p>■ A tutor is ruled io file an account of his administration and does so, claiming a balance as due him by the estate of his ward. On opposition to the account and final adjustment, it is decreed he owes a balance to his ward. From iliis judgment he appeals, but does not succeed in reversing the judgment, nor in amending it by reduction in his favor. I Ield, costs of appeal are to be borne by the tutor individually; those of lower court by the estate.</p>