Succession of Conery
Succession of Conery
Opinion of the Court
The administratrix, pro tempore, of E. Conery, Jr., for whose interdiction a suit is pending, filed an opposition to the account of the administrator of this succession, in which she objected, specifically, to certain items, and objected, in general terms, without specification, to other items, which are included in a schedule annexed to, and made part of, the account. Subsequently, the opposition was withdrawn as to all the items specifically mentioned with the exception of four, viz: the commission of the administrator; two items in favor of the heirs of Mrs. Byrne, deceased wife of the administrator; and one item in favor of Edward C. Byrne. Upon the account, as filed, the administrator allowed himself a commission of 2%% on the total appraisement, according to the inventory, amounting to $184,491.77. It was objected that this amount included a claim against E. Conery, Jr., amounting to $93,674.84, and that the same was not due, and, hence, that the administrator was not entitled to a commission thereon. It appeared on the trial, however, that E. Conery, Jr., had made a cession of his property, and the judge a quo held, that, if the amount claimed was a debt, it was a bad debt, and sustained the opposition as to the commission claimed thereon. He also maintained the opposition as to several small items, amounting in the aggregate to $257.68, included in the schedule, which were opposed in general terms and were disallowed ; and he likewise maintained the opposition as to some few other items, similarly situated, amounting to $200.48, as to which there was judgment, as in case of non-suit. In all other respects, the opposition was dismissed. From this judgment, the opponent appealed, and her present contention is: (1) That the items allowed in favor of the heirs of Mrs. Byrne, and that in favor of Ed. C. Byrne should have been rejected; (2) That all the items on the schedule which were not established by proof should have been rejected; and (3) That the administrator, individually, should have been condemned for the costs.
There are two items in favor of the heirs of Mrs. Byrne, who was the daughter of the decedent. The one, for $346.65, represents a balance which remained on deposit in the Louisiana National Bank to the credit of Mrs. Byrne, after her death, and which was withdrawn by the decedent, by special arrangement with the bank, in order to avoid the opening of Mrs. Byrne’s succession, and was placed by the decedent to his credit in the firm of which he was a member. The other, for $505, represents a balance remaining in the hands of the decedent, and which
We are of opinion that the judgment appealed from is correct, and it is, therefore, affirmed.
Reference
- Full Case Name
- Succession of E. Conery, Sr.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Syllabus. 1. Where it is shown that a sum of money, for which a particular individual is recognized as a creditor, actually belonged, or was due, to such individua1, and that it was collected by the decedent and placed to the credit of his individual account, in the firm of which he was a member, or in bank, the burden of proof rests upon those who oppose the payment of the claim to show that the obligation to make such payment, thus established as against the decedent, has been discharged. 2. Where an administrator’s account consists, in part, of a schedule showing a large number of items, of rents collected and disbursements made, which latter have the appearance of being necessary and legitimate, and the oppo sition thereto is couched in general terms, general testimony as to the correctness of such items is sufficient. 3. An administrator will not be condemned to pay the costs of an opposition levelled at bis entire account merely because such opposition is sustained with respect to some items in which he is personally concerned.