Tutorship of Minor Heirs & Succession of Kidd

Citations

• 51 La. Ann. 1157
• 26 So. 74
• 1899 La. LEXIS 536

Syllabus

<p>Syllabus.</p> <p>1. A minor on reaching majority is required to have recourse to an action foi an account to have recognized and enforced a claim against his father oí monies of his received by the father during tutorship, but not for a claim for a debt due to his mother transmitted to the minor by inheritance from her for paraphernal funds received by the husband and converted to his own use during the marriage. The prescription of four years provided for by Art. 362 of the Civil Code applies to claims of the former but not of the latter character.</p> <p>2. No fixed rule can be formulated for the ascertainment of the existence and the extent of the liability of the community to the succession of the husband for his separate funds expended for its use. The circumstances and surroundings of each ease have to be considered to determine whether the community could and would have been in the situation in which it was at the date of the husband’s death in the absence of having had outside assistance called in for its benefit.</p> <p>If such outside assistance would have been necessary it would be fair to presume that it had been furnished by the husband himself if he had at the time the necessary means to have done so.</p> <p>3. A written receipt given by a ward to his tutor for a certain amount paid to the former on his reaching majority would only show the fact of an indebtedness to that extent and of the payment thereof, and serve as a voucher on an account when filed, and not acknowledge the existence of a further indebtedness nor disclose, fix, nor recognize the ultimate balance due.</p>