The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-06-02
Decisions of the Supreme Court.

Succession Of BENJAMIN Storp-Appeal Of Mrs
Mdckle from q judgment granting letters of admin
,stration to H. c. Story, Apellee-Appeal from the
Fourth District Court. Eustis, Jon the 18th of
last December, Benjamin Story died in this city,
and on the 3lst of that month, Henry Clement
Story, the eldest son, applied the Fourth District
Court of New Orleans for the administration Of his
succession, without alleging any other reason than
that he DESTROYS of obtaining letters of admin
istration-the deceased having left property. The
petition alleged that the wife of the deceased had
been sometime Dead and that the issue OF the mar
rage was himself, Sidney Story, Mrs. Mackie, who
are of age, and Benjamin Story, Norman Story,
and Ann Eliza Story, who are minors, represented
by their grandmother, Mis-. Elizabeth Clement. In
January Mrs. Clement filed an opposition to young
Storys petition, alleg ing that she believed it to be
her duty to oppose his application for administrator
ship, because the law did not authorize such an ad
ministratiOn such succession, where all the
heirs present; because, all the heirs being
present and capable OF acting, either by themselves
or their legal representatives, could take the estate
and partition the same under the laws without the
expense and intervention of separate administra-
ton. The same day, she filed petition for letters
OF uOrshlp of the minor children, under the proper
provision of our civil code, and prayed for separate
appraisement of the minors portion, in order to
! ascertain the amount of surety to be by her given
as tutrix. To this petition, an opposition was filed
by Sidney Story, who alleges that Mrs. Clement is
lady of great age and not qualified or competent
to manage so large an estate will fall to the
minors, etc. On the 18th of January, Mrs Mackie
filed her opposition to the petition of Henry Clement
Story, on the ground that administration of the
succession was unnecessary; and she also alleged
that she had instituted her suit in PARTITION and that
she had no objection to the inventory and apprais
ment, asked for by H. c. Story, being made; but
she insists that the proceedings In partition do go on,
and that they be cumulated with the proceedings
for the inventory and appraisment On the trial of
these oppositions, that of Sidney Story to the ap
polntment of Mrs Clement tutrix, discon
tinued that of Mrs. Mackie, was dismissed; and
the letters of enthusiastically were granted to
Henry Clement Story A new trial was granted on
the ground that the decree was prematurey made,
with the view of letting the Supreme Court take the
case on its merits. On the trial that followed,
Henry Z. Story was appointed administrator OF the
succession, and Mrs. Mackie took this appeal. The
appellant asked for reversal of the Judgment Of
the District Court, and to order the proceedings i'll
partition to go on in accordance with her prayer
The inventory showed the estate to be fairly valued
at S6S9969 53, and to consist of property suscep-
tble OF Immediate division. The District Judge
before whom this was tried, considered the law
imperative, and as leaving him no discretion as to
the appointment of administrator under the
article 1910 of the Civil Code. The point that there
was necessity for the appointment of an admins
traitor in this succession, was directly made in the
application of the appellees for such leters-that
it would be productive only of delay in the settle
ment OF the affairs of the estate On the trial of
this issue, this Court thought the appellee had not
made out case. This Court thought the right of
the heirs to immediate partition could not be
questlonedit was insisted on by the appellant, and
the administration, if carried out would be little
else than an impeachment to the proceedings in par
tition. This Court fully concurred with plaintiffs
counsel, that the only fruits of this administration
would be litigation, unnecessary expense, and use
less delay, and that no was before the Court
below, IN which the Judge was authorized to grant
1t. The judgment of the District Court was re-
versed Ii. G. Story's petition to be appointed adj
mnstrator was dismissed and he was ordered to
pay the costs.
Francis P. Beck, Appellee, VS.. BENJAMIN Hosyard,
AppeAdnt-Appeal from the Fifth District Court.
King J.-This suit was brought on an open account,
and the defendant in bar to the action, pleaded
cesslon of hisproperty made after the debt accrued,
to which cession the plaintiff was a party, and
which accepted by the Judge. The plaintiff
relied on promise to pay the debt made by the
defendant subsequent to the surrende4. Plaintiff
had judgment in the Court below and defendant
took this appeal The record shews that the promise
to pay was clearly proven, which fact created
new and legal obligation on the part of Howard to
pay the debt. When a debtor is DISCHARGED under
the insolvent law of Louisiana the legal obligation
only, Is destroyed, but the moral obligation still re-
mains, and that is sufficient consideration for the
recreation of legal right in the creditor. Judg
ment of the District Court affirmed, with costs.
THE BAsTRor GRANT.-The validity of the title
to the vast tract of land granted by the French
Government to Baron Bastrop and which the
United States Government has hitherto refused to
recognize, has been at last decided and con-
firmed by the U. S. Circuit Court of Louisiana in
the suit of the Cities of Philadelphia and NewOr-
leans Us. the United States. The title of the Cities
of Philadelphia and NewOrleans is derived from
the will of the late Stephen Girard, who died pos
sessed of some 1000 acres of land included in the
Bastrop grant, which he bequeathed to these two
cities for the purposes of public education. This |
decision, if sustained by the Supreme Court of the
United States-and we have but very little doubt
that it will bewill settle the titles of Great num-
Der of our citizens to one of the largest and most
fertile tracts of land in the State of Louisiana and
enable it to be settled and brought into cultivation,
to the great increase of wealth and noDuIation of