The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1875-07-23

Duties of Public Adm iniS traitors.
Succession of Everett Miller; condensation
In regard to administration, and on oppose
tions to the account tled by tho Public
Court of the parish of Ouachita.-'rhis case
presents very unscomly controversy.
bS sH on by the sSTrse r%rs"ed
ton Of tie estate. 'f Everett Miier aisS in
Monroe on the 9th of October, 1874, leaving
q wife who was entitled to the adlninist ra-
ton of his succession. G. c. Art
The law establishing the Office of public
that Article giving tho VITO, under certain
contingencies, tho right to administer tho
of Miller is not Of that class OF vacant sue
cessions which the law authorizes the pub
lie administrators to administer riitttc
o1aeii.
The facts seem to he that only two or
three days after the decease of Miller, an
attorney acting on behalf of the widow was
awaiting the arrival of tho Parish Judge at
his office III order to present hcr petition for
the administrations, when tho public admins
application by posting out to the residence
OF the Judge, some four miles out of town,
ton. Mrs. Miller fled an opposition pray
Ing to be put i'll possession unaer Art. $40,
r. G. This opposition was sustained by tho
Parish Judge. and an order rendered that
the effects Of the succession DO put into hcr
possession upon the filing by her of the
CURED bond: The bond was furnished, but
the putting into possession was not carried
into effect. Tho testimony of certain par
ties residing at II distance was taken under
that there were heirs of Miller entitled to
the estate These parties afterwards APP
peared and opposed The delivery of tho sue
eognized AS the heirs of Miller and placed
In possession of the estate. n counsel for
day that the opposition OF Mrs. Miller was
flied, tho Judge appointed the public al
ministrator to adti,inistcr professionally UNI
| should be finally determined.
An order was obtained upon application
! file an account. Under this order no filed
! All account, nearly every item OF which was
opposed by her. Tho effort made to estab-
abroad proved failure. II came out that
Miller, the deceased, WAS iffegitinatc. Tho
relationship Of the persons claiming his
| aunt-could not sustain their professions
to the inheritance of his succession. The
! heirship, and was properly dccrccd entitled
to the property,
I few and unimportant. Judgment was rem
| dered on the opposition to the account and
the application of Boyer and Caroline
Nestley to be recognized as heirs of the de-
| ceased. The application of these parties
! was dismissed mt thoir costs. Tho account
WAS homologated in ~ its parts, except
| allowed AS commissions WAS reduced t.
$2457, instead of allowing it on the whole
l u
tor was authorized to retain S122.S5 for Iii
commissions; also, 500 to pay attorney
fees for the succession, and to retain tn
sum stated in the account to pay Clerk
| costs; the costs Of Mrs. MillerS oppoSitio,
and those accruing on tho homologaiion "
sion. The decree finally ordered that i,
, default OF delivering to Mrs. Miller tho pro
perty within ten days II writ of possession
issue: From this Judgment both partic
The Judgment is erroneous i'll niiowin,
snd IN siow t" the inc 1 n' "r so" r
ney's fees. Tho public administrator w.
wholly without right to administer tho cs
! tate. He knew that tho deceased had loft
] wife, and he was III hot haste to procure III
| order granting him tho administ ration be
and %eh he Knew %"s
pared and about to bc presented. His pro
tension that lao was appointed t" adntiI,is
} The provisional appointlncnt WAS impr"p
erly made. Tho provisional appointment
OF the public; admi nj to dminis,c
ton between third partics--not to cases
where the public administ rator himself is
n contestant, and especially where hc gets
up that combination for his owl, profit.
this we're otherwise, tho public adhinstra
tor could not be prevented from cl"tchinl
| every succession that opens within ths
range of his authority. BY scilinS up hi'
claim to administer and invoking opposition
! he would get the provisional administ rat iOi
and claim his commissions, and thus h'
| might levy kind of tribute upon every
| succession that opened within the limits q
| the parish in which he exercises his func
tions.
| The pertinacity with which the Public
| Admin list rator in this ease has held posses
| sion of the succession after an order wa
| rendered for the delivery of it to the oppo
nent, and after she had furnished tn,
required bond, is anything but comucuda,
| BILE. His pretence being that he had TIN
| right to retain it until he was paid the con,
| missions he charges, not ono cont of which
| he is entitled to, has force. Whatcvc
| charges may have been incurred for inVcn
| tory apprniseucnts, and proceedings to PITT
| the opponent, Mrs. Miller, in rossesaio
| are to be at tho cost Of the succession hH
! not the costs incurred by her opposition I
the Public Administrator, claim To admin
| lister the estate. The charge of three dol lar
for photographing the deceased to be ~
jected. by her own showing the Publ
Administrator has collected rents due tn
estate to the amount of ST., and il appear
that he has paid O,t of tue fo,iS Of tire Sn'
| cessto7, for taxes due by tho cstat" S2i2t
| Insurance on building, $50, and 81 for gray
taiHging. These charges were Propcrl
| allowed as charges against tho succession
Bnt we do not in.I the data sufficient
explicit to determine with certainty tn
! amount of funds that came into his hand
| belonging to the succession nor the amour
| he paid that Injured to the benefit Oft Inc sue
cession. We conclude, however, that til
| latter were covered by the former and tia
the esta owes him nothing.
4 ..,I.-