The herald. [volume] (New Orleans, La.) 1905-1953, 1919-03-13

petitioner be decreed to be entitled to
qualify as dative testamentary eX-
ecutriX, in preference to said appli- |
cant; and that your petitioner be |
recognized as the sole heir at law OF
the deceased entitled as such to be
sent into possession of his estate.
And for general and equitable relief.
y. E. HUMPHREYS,
Attorney for Petitioner.
PETITION OF AANULMENT AND
SALE OF PROPERTY. -.
To The Honorable The Judge OF The
Civil District Court For The Parish
of Orleans, Division &C."
The petition of Mrs. Alice l.. Won
Genechten widow of William E. H.
Brown, with respect shows:
THAT your petitioner is the
paternal grand mother, and sole heir
of Earl c. Brown, who died on the
| 10th, day of October 1918, and who
was one of the four heirs of the de-
cedent herein.
| II-That Mrs. Esther Manent has
qualified as the administrative of the
above estate, and in doing so caused
an inventory to be taken of the prop
erty of this estate, after the death OF
said Earl c. Brown, and without max
ing your petitioner a party to the tax.
ing of said inventory, and without the
knowledge of your petitioner.
HI-That Immediately upon the com.
pletion of said inventory the said ad-
ministratrix without notice to your
petitioner, and withouth her knowledge
or consent, applied for and obtained
an eX parte order OF sale of the
property movable and immovable be-
longing to this estate, on petition
alleging that said sale was necessary
to pay the debts of this estate, which
debts upon the face of said petition
amounted to less than three thousand
dollars.
IV-That upon the face Of the in
ventory then on file herein there was
cash in bank to the credit of the de-
ceased amounting to four thousand
and six hundred. dollars, ($4,60O.OO);
Mortgage notes collectable, amounting
to one thousand six hundred and TWEEN
ty-five dollars, Isl ,625.00) besides life
insurance payable to this estate amount
ing to seven thousand dollars, (SI ,OOO.-
00), and stocks in various corpora
tions amounting to three thousand one
hundred and ninety three dollars, ($3,-
l93.0 0), all of which was convertible
into cash, rendering the sale of said
property unnecessary for the purpose
stated in said petition, the allegations
of which as to the necessity therefor
was knowingly false and untrue, and
in fraud of your petitioners rights
J therein.
What notwithstanding the above
facts shown upon the face of the rec,
: ord the said administrators did cause
, to be offered for sale under and pur
r suant to said order, by c. A. Tester
auctioneer, on January Is, 1919, the
| property fully described in said auc
{ tioneer's process verbal annexed here
) to as part hereof, and which said prop
! erty was then and there adjudicatec
J, to the persons named in said process
: verbal, and for the amounts and Oh
r the terms therein stated, to-wit:
:, Lot Is of square 81, Firth District
: to NJ Rando, for $4,000. Lot 10 Of
square "a, Fifth District, to Esther r
D Manent, for 100000. Lot IA of square
: "a, Fifth District, to r. A. Tansey, fol
!. 100000. Lots and 10 of square 220
Y Fifth District, to P. Felletta. for 81,
r $4,000. Lot "B" of square 92, Fifth
District, to M. Rooney, for $4,000
Contents of Rupp Drug Store. 54l
, Bermuda, Street, to M. Rando, fol
S4,630.00. 1, 4-passenger automobile
1918 model, to A. Witrh, for $4,000.
VI-That upon the face of said rec
ord there was no necessity for the
sale of said property to pay the debt:
/, of this estate; that there was more
than sufficient cash to pay said debts
, VII-That said adjudicatees above
named can not take title to the prop
a erty so adjudicated to them pursuan
to said order improvidently rendered
and which this Honorable Court wa'
without power to render upon the fac'
of the record.
VIII-That said adjudications arr
null, void and of no effect, and shoul'
be so declared, annulled and set aside
IX-That your petitioner is inter
ested therein to the extent of one
fourth of said estate. as the sole SUI
viving heir at law of the said Earl {
Brown, who died before the taking o
the inventory herein all to the know
edge of the said administrative at tn
; time she signed the said inventory, an
at the time she applied for said orde
= of sale. that said Administrative we
knew that the said Earl Brown ha
Gied unmarried, without descendant!
and leaving your petitioner as hi
nearest of kin in the ascending lin
and his sole heir at law.
That the said Earl c. Brown die