Successions of Roussel
Successions of Roussel
Opinion of the Court
The issue for our consideration in this matter arises from the Successions of Theodore Pierre Roussel and Elizabeth T. Roussel, and involves a protracted dispute among the heirs over ownership of certain family pictures. The actual judgment before us is the denial of a petition to accept a proposed tableau of distribution. For the following reasons, we affirm.
Theodore Pierre Roussel died intestate in 1941. His wife, Elizabeth T. Roussel, died testate in 1991. In her will Elizabeth made the following testamentary disposition:
To my beloved son, HAROLD P. ROUS-SEL, I hereby give and bequeath the original pictures of myself and my husband. Upon his death (Harold’s) the pictures are to be given to another family member (brother or sister) and are to remain in family possession.
After Harold’s death in 2000, Theodore J. Roussel, opened the successions of Theodore Pierre and Elizabeth, and was appointed as administrator of the estates. In that capacity, he filed a “Motion and Order to Secure Return of Property for Distribution to Heirs,” demanding that the family pictures given to Harold, now in the possession of Rose Mae Arcement
On May 12, 2003, Theodore J., in his capacity as administrator of the estates of Elizabeth and Theodore Pierre Roussell, filed a “Petition for Authority to File Tableau of Distribution and to Pay Outstanding Debts.” The Proposed Tableau of Distribution again listed the pictures which were the subject of the earlier appeal. The tableau lists the pictures as community assets to be distributed to the legatees. Ms. Arcement filed an opposition to the
The trial court heard the matter and rendered judgment denying the adoption of the Proposed Tableau of Distribution. In the written reasons for judgment the court reiterated its ruling in the previous, and now final, judgment in this matter and found that the Proposed Tableau of Distribution is inappropriate in this case. The trial court found that:
At the time these succession proceedings were opened, the succession was absolved of all debts and assets (including funeral expenses paid over ten years ago and the pictures). Moreover, since we have concluded that the succession was unnecessarily opened, the attorney fees incurred in the opening of this succession can not be justified.
In brief to this court, plaintiff argues that judgment was rendered in error. Plaintiff assigns three errors for our review. We have reviewed the assignments of error and find them to be a rehashing of the same arguments made to the trial court before the first judgment was rendered in this matter. Essentially, the arguments are that the pictures were property of the community of acquets and gains between Theodore Pierre and Elizabeth, and the testamentary disposition of the pictures to Harold in Elizabeth’s will was not a fidei-commissum. Therefore, plaintiff argues they are assets of the estates of Theodore Pierre and Elizabeth and must be returned to the estates for distribution.
We find those issues have been previously decided by judgment of the trial court, which is now final. That judgment is valid and definitive and will not be revisited by this court. Accordingly, we find the trial court’s well-reasoned justification for the denial of the proposed tableau of distribution contains no error, and we affirm the judgment. Costs of this appeal are assessed to appellant.
AFFIRMED.
. The relationship between Rose Mae Arcement and the Roussels is not made clear in the record.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.