Succession of Peters

38 So. 690, 114 La. 952, 1905 La. LEXIS 576
Supreme Court of Louisiana·Decided May 22, 1905·No. No. 15,591·Published·Cited by 2 cases

Opinion

Statement.

MONROE, J.

The deceased died in April, 1904, leaving a widow, whom he constituted his universal legatee and executrix, one minor child, and other children, and a small estate in community, consisting of a piece of real estate on Elmire street, valued at $2,000, and mortgaged for $1,000, with interest, another piece on Dauphine street, valued at $1,600, upon which there were two mortgages, aggregating $750, with interest, and household effects valued at $82. The widow, having qualified as executrix, obtained an order for the sale of the real estate to pay debts, but, before the day fixed for the sale, John Baumer, holding the junior mortgage thereon (for $500), obtained an order for the seizure and sale of the Dauphine street property by ex-ecutory process, whereupon the executrix abandoned her attempt to sell that property, and intervened in the executory proceeding, with the result that the latter was cumulated with the succession proceedings, and the product of the sale was subjected to her administration. The Elmire street property brought $1,335, and the Dauphine street property $1,710, which latter amount, after paying $345.27 in satisfaction of the claim, with accumulated interest, of a creditor holding first mortgage on the property, the purchaser turned over to the sheriff. In September, 1904, the executrix filed her account, which may be summarized as follows:

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Succession of Peters, 38 So. 690, 114 La. 952, 1905 La. LEXIS 576 (La. 1905).

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