Succession of Glancey

Supreme Court of Louisiana May 8, 1905

Succession of Glancey, 114 La. 766 (La. 1905)

38 So. 554; 1905 La. LEXIS 536

Sty

Opinion of the Court

PROVO STY, J.

The widow, as survivor in community, holds in usufruct all the property of the succession. There are no debts, ■except some court costs, which the attorney •of the succession has promised to pay, with which promise the officers decíate themselves to be satisfied. There is but one legacy, and it has not to be paid, owing to the fact that the legatee lives with the widow ■and is unwilling that it should be paid before the death of the widow.

Under these circumstances, the lower court properly rejected the demand for the appointment of- a dative testamentary executor, as being unnecessary.

Judgment affirmed.

Reference

Full Case Name: Succession of GLANCEY
Cited By: 1 case
Status: Published
Syllabus: DATIVE TESTAMENTARY EXECUTOR — APPOINTMENT. Where the widow, as survivor in community, holds in usufruct all the property of the succession, and there are no debts except some court costs, which the attorney of the succession has promised to pay, with which promise the officers declare themselves to be-satisfied, and there is but one legacy, which has not to be paid, owing to the fact that the legatee lives with the widow and is unwilling that it should be paid before the death of the widow, the demand for the appointment of a dative testamentary executor is properly rejected by the lower court as being unnecessary. (Syllabus by the Court.)