United States Supreme Court Cases & Opinions

U.S. Supreme Court

Norman v. Buckner, 135 U.S. 500 (1890)

Norman v. Buckner

No. 275

Argued April 16-17, 1890

Decided May 19, 1890

135 U.S. 500

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF LOUISIANA

Syllabus

In Louisiana, where the heirs of an intestate may take the property and pay the debts, such an heir cannot, after taking a part of the property, hold the administrator and his sureties responsible for loss in respect to it resulting subsequently thereto, and this rule is not affected by the fact that the administrator, in his individual capacity, afterwards obtained title to and possession of the property thus removed from his custody. The proceedings attacked in this case were conducted in good faith, and without fraud or collusion.

The facts that the same person was administrator of one estate and executor of another, and that the testate and the intestate were partners in business, do not affect the right of the creditor of the intestate to have his separate estate applied to the payment of his individual debts, and do not make the sureties on the administrator's bond answerable for waste committed by the executor.