Citizens' Bank v. Succession of Gillespie

Louisiana Court of Appeal

Citizens' Bank v. Succession of Gillespie

1 Gunby 70

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 70 (Citizens' Bank v. Succession of Gillespie) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Citizens' Bank v. Succession of Gillespie, 1 Gunby 70 (La. Ct. App. 1885).

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Opinion

Mayo, J.

Where the Citizens’ Bank proceeds against mortgaged property belonging to a succession, and it is proved that the succession has no other property out of which the privileged charges of the succession can be paid, no part of‘ the funds arising from the sale of such property can be reserved to pay law [71]*71charges, expenses, etc., of the succession — not even the commissions of the administrator. The Bank has, bj’ its charter, the absolute right to sell said property, no matter what changes of ownership may take place, and its rights to the funds are paramount to succession charges or any other privileges whatsoever.

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Mayo, J.

Where the Citizens’ Bank proceeds against mortgaged property belonging to a succession, and it is proved that the succession has no other property out of which the privileged charges of the succession can be paid, no part of‘ the funds arising from the sale of such property can be reserved to pay law [71]*71charges, expenses, etc., of the succession — not even the commissions of the administrator. The Bank has, bj’ its charter, the absolute right to sell said property, no matter what changes of ownership may take place, and its rights to the funds are paramount to succession charges or any other privileges whatsoever.

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Bluebook (online)

1 Gunby 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-bank-v-succession-of-gillespie-lactapp-1885.