Ubarri v. Laborde

Citations

• 214 U.S. 168
• 29 S. Ct. 549
• 53 L. Ed. 953
• 1909 U.S. LEXIS 1902

Syllabus

<p>Judgment reversed on the facts, it being based on allegations of fraud and corruptioh. which this court holds were- not sustained by the evidence.</p> <p>The effect under the law of Porto. Rico of an heir waiving the benefit óf inventory is to make him personally liable for the debts of the succession without limit, as under the early law of Rome, of England and of France; but, after the inheritance is divided, the liability of the succession is at an' end and gives place to pérsonal liability of each heir for the whole debt to the extent of the assets received by ■ him, if accepted with benefit of inventory, or otherwise in full. ■</p> <p>Whether or not an heir in Porto Rico waives benefit of inventory is a pure question of fact; and, if the complaint is silent, the court will ■ not presume that there .was such a waiver. - '</p> <p>3 Porto Rico, 163, reversed.</p>