No. 1267 Precedential Processed

Succession of Foreman

Louisiana Supreme Court · Filed July 15, 1886 · 38 La. Ann. 700

Also decided on this docket: La. Ct. App. 1st Cir., April 6, 1964 162 So. 2d 816; La., June 15, 1893 45 La. Ann. 991

Cited by

Opinion text

On Application por Rehearing. An application for rehearing has been made by opponents and appellants, an examination of which has convinced us that the debit items of the account as recast in original opinion, need some correction; though the opponents are in error in placing “the amount of expenses and debts paid at $1,331.47 in lieu of $1,506.57, as announced in opinion.” The item of “amount due E. Hoffpauir by community, $405, allowed in the account, as restated by the judge a quo, is in error, because all *704 the claims allowed him were rejected by us; and we neglected to deduct from the community assets the amount of the paraphernal claim of deceased, which was shown to he $284.25, and this sum we failed to allow to the opponents. Adjusting these balances and again restating the account, we have the following, viz: Ur. To amount cash and sale...........'.......................$2,137 10 To amount debts collected................................ 1,899 00 $4,036 10 Or. By amount of expenses and debts paid in course of administration .............................................. 1,101 57 By amount to balance.....................................$2,934 53 Less paraphernal claim of tlie deceased..................... 284 25 Balance due community...................................$2,650 28 One half due opponents................................... 1,325 14 Also deceased’s separate claim............................. 284 25 Total due opponents..........................$1,609 3!) And it is therefore ordered, adjudged and decreed, that the opinion and decree herein previously rendered be and the same is hereby amended and corrected so as to conform to the views herein expressed, and that as thus amended and corrected, our original opinion remains undisturbed. Rehearing refused.