Succession of Babin
Succession of Babin
Opinion of the Court
Margaret Babin, one of the heirs of Francois Babin and wife of Wattigny was appointed administratrix of her father’s estate in September, 1873, in place of August Babin, the former administrator, who left the State permanently without making a settlement of his administration. She gave as sureties on her bond Louis Gordon and Frederick Diebel. The conditions upon which they agreed to become her sureties were, that she should give the entire and exclusive control of the business of the estate to Messrs. J. J. & A. J. Roman, attorneys at law. They became her attorneys in fact, also under special power. The attorneys, accordingly, took the affairs of the estate in charge and continued in the settlement of its affairs until January or
We regard the proceedings as wholly irregular. The right of the administratrix to revoke her power of attorney can not be questioned. All acts done by them subsequently to the revocation and notice to them of the revocation can not be considered as binding upon her. The account filed by them was without effect and the court erred in acting upon it.
There are several bills of exception in the record which it is not important in this case to pass on.
It is therefore ordered that the judgment of the Parish Court beannulled and reversed. It is further ordered that the account filed by the attorneys be stricken from the record of the proceedings in the matter of the succession of Francois Babin deceased, and that the following changes and amendments be made in the account filed by the administratrix, viz : The clerk’s opposition is dismissed and his claim for fees be allowed only for $40 55. The opposition of Edwards, curator ad hoc, is sustained and his claim for $40 allowed. In like manner, the opposition of Charvet & Duplantier for attorneys fees is sustained and their claim for $61 85 be allowed. The claim of J. J. & A. J. Roman for $250 is allowed; so also the claim of Kaiser for curbing be allowed for $72 instead of $50, as fixed by the administratrix. The claim of Con
The opposition of the said Diebel is sustained so far as relates to his claim for notarial fees, and he is allowed the full amount claimed, viz: $73 50 instead of $50 for which he is placed on the tableau. The sheriff’s claim is allowed for $18 70 instead of $10 allowed by the administratrix.
It is lastly ordered that the account of the administratrix, as herein altered and amended, be approved and homologated. The costs of these proceedings to be borne by the succession.
Reference
- Full Case Name
- Succession of Francois Babin—Opposition to account of Administratrix
- Status
- Published