Succession of Peters

38 So. 690, 114 La. 952, 1905 La. LEXIS 576
CourtSupreme Court of Louisiana
DecidedMay 22, 1905
DocketNo. 15,591
StatusPublished
Cited by2 cases

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

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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Related

Succession of Finegan
65 So. 614 (Supreme Court of Louisiana, 1914)
Succession of Campbell
40 So. 449 (Supreme Court of Louisiana, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
38 So. 690, 114 La. 952, 1905 La. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-peters-la-1905.