Curatorship of Parks

26 So. 2d 289, 210 La. 63, 173 A.L.R. 1056, 1946 La. LEXIS 767
CourtSupreme Court of Louisiana
DecidedApril 22, 1946
DocketNo. 38038.
StatusPublished
Cited by17 cases

This text of 26 So. 2d 289 (Curatorship of Parks) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curatorship of Parks, 26 So. 2d 289, 210 La. 63, 173 A.L.R. 1056, 1946 La. LEXIS 767 (La. 1946).

Opinion

HAWTIJORNE, Justice.

The curatrix of Reuben J. Parks, a veteran of World War I, applied to the district court for an order to sell, in her capacity as such curatrix, certain property belonging to the veteran and to purchase with the proceeds thereof, in the veteran’s name, certain other real estate as a home for her ward. The district court refused to grant the order, and the curatrix appealed to this court.

Mrs. Hazel Reilly Parks, having qualified as curatrix of her husband, Reuben J. Parks, a veteran of World War I, under the provisions of Act 71 of 1932 (the Uniform Veterans’ Guardianship Act), which act was amended by Act 201 of 1934 and amended and reenacted by Act 256 of 1944, filed a petition in the Civil District Court, Parish of Orleans, Division “A”, alleging that as such curatrix, availing herself of the provisions of Section 20 of Act 71 of 1932, as amended by Act 201 of 1934, she did purchase for her ward, Reuben J. Parks, in his name and with his funds, a home located in Ingleside Heights, Parish of Jefferson, bearing Nos. 333-333% Aris Street, said purchase being made from Milton J. Reilly before Plauche F. Villere, notary, on October 5, 1938, registered in Conveyance Book 145, Folio 362. She further alleged that the property acquired was no longer suitable to the convenience and needs of the veteran and his family, and that it was to his interest that this property, purchased with the veteran’s funds, be sold and the proceeds thereof reinvested in certain other real estate situated in the Parish of Orleans, having a front of 20 feet on D’Hemecourt Street by a depth of approximately 160 feet, more fully described in the petition and order attached thereto. She further alleged that she had entered into an agreement of sale with Tony Louis Corpora to sell to him the property located at 333-333% Aris Street for the sum of $4,000, and, further, that she had, in her capacity as curatrix of the *68 veteran, Reuben J. Parks, entered into a contract to purchase the property on D’Hemecourt Street for the sum of $3,900; that the property located on D’Hemecourt Street was much more convenient for the use of the veteran, herself, and her minor son by a former marriage, and that it was much nearer to the homes of her father and brothers.

She further alleged that in her capacity as curatrix she had received a letter dated August 18, 1944, from the Veterans’ Administration, approving the sale and purchase of the properties. Under date of August 30, 1944, the Veterans’ Administration accepted service and waived citation and all legal delays of the curatrix’ petition, and on the same date approved her proposals therein by endorsing the petition as filed “approved”.

The district judge heard testimony under the curatrix’ petition, which disclosed that there was animosity between her husband and the neighbors who resided near 333-333% Aris Street, that the neighbors treated her husband with contempt, and that living conditions at such place had become unbearable to the veteran and his family, and that it was to his best interest to acquire a home in the neighborhood of petitioner’s friends and relatives. The testimony further disclosed that the veteran, although able to take care of his person, was a subject of interdiction though not interdicted, and that, although he could write his name, he would not realize what he was doing, due to his mental condition, if he signed the act of sale.

The district judge, after hearing the testimony, was of the opinion that, in order to transfer valid and legal title to the property standing in the name of an individual who is admittedly insane, it would be necessary to have such individual interdicted and a curator appointed as provided by the Revised Civil Code, and found that the veteran, Reuben J. Parks, had never been interdicted and such curator had never been appointed; or, in other words, that in this case the curatrix appointed under the Uniform Veterans’ Guardianship Act did not have authority under that act to sell the property. For these reasons he declined and refused to sign the order authorizing the sale of the property standing in the name of the veteran and the acquisition in his name of other property as a home with the funds realized from the sale.

The curatrix in this case qualified under the provisions of Act 71 of 1932, which act was amended and reenacted by the provisions of Act 256 of 1944, and, since the latter act provides that all existing tutor-ships and curatorships administering benefits as defined therein shall continue in full force and effect, the provisions of the latter act are applicable to the question involved in this case.

Act 256 of 1944 is a special law dealing with veterans and beneficiaries . of the *70 Veterans’ Administration, and concerns, among other things, the curatorship of incompetent veterans, but provides that there shall be no pronouncement of interdiction of an incompetent veteran.

The statute is concerned only with property of incompetent veterans and other incompetent and minor beneficiaries of the Veterans’ Administration when said property consists of money received from the United States government through the Veterans’ Administration and the revenues or profits from any property wholly or partially acquired or to be acquired therewith, and, before use may be made of the statute, the court must be apprised that it is dealing with an incompetent veteran or other incompetent or minor beneficiary of the Veterans’ Administration and with funds due and to be received from the government or with an estate acquired partially or wholly with such funds, and also with the revenue or profit from any property wholly or partially acquired therewith.

We have carefully analyzed and studied the law with reference to interdiction found in the Revised Civil Code and to the private sale of property belonging to such interdict, Act 209 of 1932, which is the general law on the subject, and also Act 256 of 1944, the Uniform Veterans’ Guardianship Act, a special law. Our analysis conclusively shows that it was the intent and purpose of the Legislature of this state to provide by this special law a practical, speedy, and economical procedure for the appointment of curators and the administering of the estates of incompetent veterans and their dependents when such estates consist entirely of money received or to be received from the government of the United States through the Veterans’ Administration, of assets acquired therewith, or of revenues or profits from any property wholly or partially acquired therewith. Furthermore, the procedure as set up in the act was wisely adopted by the Legislature of our state for the purpose of jealously guarding and carefully protecting the estate acquired under the act by an incompetent veteran.

Section 15 of this act reads as follows: “Purchase of. Property for Home. Any curator or tutor appointed under this Act may purchase for his ward a home with the funds of the ward whenever said purchase meets with the approval of the interested parties, the Court of appointment, and the Veterans Administration, provided that sufficient time be given the Veterans Administration to investigate the property to be purchased.”

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Bluebook (online)
26 So. 2d 289, 210 La. 63, 173 A.L.R. 1056, 1946 La. LEXIS 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curatorship-of-parks-la-1946.