« ПретходнаНастави »
the administrator that the beneficiary heir is within the time for deliberating, the proceedings shall be stayed until the expiration of the term, and until the heir bas docided.
ART. 1047.-The effect of the benefit of inventory is that it gives the heir the advantage :
1. Of being discharged from the debts of the succession by abandoning all the effects of the succession to the creditors and legatees;
2. Of not confounding his own effects with those of the succession, and of preserving against it the right of claiming the debts due him from it.
Art. 1048.–At the expiration of the term for deliberating, the creditors and legatees of the succession can compel the heir to decide whether he accepts or rejects the succession, and they shall present a petition to this effect to the judge of the place where the succession is opened, who shall cause the beneficiary heir to be cited to answer therelo.
ART. 1049.-If, on this demand, the beneficiary heir declares that he accepts the succession simply, all the effects which compose it must immediately be delivered to him, but then he becomes responsible for the debts of the succession, not only to the amount of the effects thereof, but personally and out of his own property, and the creditors of the deceased can obtain judgment against him.
ART. 1050. In case the heir makes default on this de mand, he shall be considered as unconditional heir, and be bound as such.
ART, 1051,-But if the heir declares that he is not willing to accept the succession, otherwise than under the benefit of an inventory, the person appointed administrator of the estate, whether it was the heir himself or any other individual, shall proceed to the sale of the property of the succession and to the settlement of ils affairs,
as prescribed in the following articles; the beneficiary heir shall, at the time of such settlement, have a right to be paid, as any other creditor, all debts due him by the deceased, and shall moreover be entitled to the balance of the proceeds of the sale of the estate, if any such balance be left after payment of all the debts and charges of the succession.
ART. 1052.-If, on the contrary, the beneficiary heir renounces in due form, he preserves all the rights he has against the succession, if he is a creditor; and in case he has been originally appointed administrator of the succession he shall continue to manage it in this capacity, even if he is not a creditor of the deceased.
ART. 1053.-If on ihe renunciation of the beneficiary heir, the heirs, called to the succession on his default, accept the succession, they shall be admitted thereto, and they shall have the right to enjoy that part of the term for deliberating, which has not expired, should the heir renounce before its expiration.
But if the term has expired, the heirs cannot obtain a prolongation of it, but must immediately decide whether they accept or reject the succession, as is provided for above.
ART. 1054.-If the heir secret any thing belonging to the succession, or has knowingly, and in bad faith failed to include in the inventory any of the effects of the succession, he is deprived of the benefit of inventory.
ART. 1055.-As soon as the beneficiary heir has renounced in due form, if no heirs present theinselves to accept the succession on his default, or if they themselves renounce, the administrator shall cause the immoveables and other effects of the succession, remaining un disposed of, to be sold on the authorization of the judge, and after advertisement during the time and in the manner prescribed by law.
ART. 1056.After the sale of the effects of the succession thus made, the'administrator shall render his account to the judge who has appointed him, whose duty it is to examine and correct or approve of the same; but the administrator cannot pay the debts or legacies, even when there are sufficient funds, without being authorized by the judge to that effect.
If there be sufficient funds, the administrator shall present to the judge a statement of the payments to be made, in which he shall include the debls before any legacies; and if the funds in hands are not sufficient for the payment of the debts, he shall make a plan of the distribution to be made among the privileged and mortgage creditors, according to the order of the privileges and mortgages, and shewing the dividend due to each.
ART. 1057.–The judge, on the demand of the administrator, shall order that the creditors and legatees of the succession be notified to show. cause, if any they have, within ten days, why they should not be paid conformably with the authorization solicited by the administrator, or according to the tableau of distribution by him presented.
ART. 1058.-If, in ten days after this notice, there is no opposition on the part of the creditors or legatees, the administrator shall proceed to the payment, in conformity with the authorization by him obtained, or the tableau of distribution which he has presented, and which the judge shall cause to be homologated.
ART. 1059.-lf, on the contrary, there is any opposition to the payment or to the tableau of distribution, the judge shall decide thereon in a summary manner; but if his decision be appealed from, the administralor can make no payment, until final judgment be rendered thereon.
ART. 1060.-When, after payment has thus been made, new creditors present themselves, who have not made themselves known before, if there be not funds
sufficient to pay, them in the hands of the administrator, , they can oblige the legatees, who have been paid, to return their legacies entirely, or a due proportion thereof, in order to satisfy their debts with interest and costs.
ART. 1061.-But if the sums thus returned by the legatees are not sufficient to pay the creditors who have thus presented themselves, or if there are not legatees; these creditors have a direct action against the other creditors who have been paid, to oblige them to make up to the former a sum equal to that which the former would have received, had they presented themselves before; pro: vided that the creditors, who have been paid in virtue of a privilege or mortgage, cannot be obliged to make this contribution, by new creditors who have neither privilege nor mortgage.
But this action of the creditors who have not been paid, against the creditors and legatees who have been paid, is barred by the lapse of three years from the date of the order or definitive judgment by virtue of which such payment has been made. In all these cases, these creditors have no right to sue the administrator, who has made the payment hy order of the court, and according to the forms herein prescribed.
ART. 1062.-The administrator shall be allowed, on the settlement of his account, a commission of two and one half per cent, on the amount of the inventory of the effects of the succession committed to his charge, deduction being made of the bad debts.
If there are two administrators, they divide this commission.
ART. 1063.-The expenses of the seals, if they have been affixed, of the inventory and sale, and of the account rendered by the administrator, and other charges of the same kind, are at the cost of the succession,
ART. 1064.-When the creditor's wish to be authorized to accept a succession, which their deblor refuses
to accept, or which he has renounced to their prejudice, they must present a petition to the judge of the place where the succession is opened, to obtain the authorization necessary for that purpose, after the debtor or his representative has been duly cited, or a counsel appointed for him, if he is absent, by the judge.
ART. 1065.-If, on this demand, it is proved to the judge that the debtor refuses to accept the succession, or has renounced it to the prejudice of his creditors, he is bound to authorize the creditors to accept it in his stead; and it is the duty of the judge to cause immediately to be made an inventory of the effects of the succession, to appoint an administrator to manage them, sell them and pay the creditors, on his giving good and sufficient sex curity for the fidelity of his administration, as in the case of acceptance with the benefit of inventory.
ART. 1066.--After having paid the creditors, deduct ed his commission and other lawful expenses, if thére remains a balance in the hands of the administrator, he shall pay it over to the presumptive heir, if the latter has not renounced the succession, or to lhe heirs who inherit on his default, if he has renounced it.
ART. 1067.-The creditors, who thus accept a succession in the name of their debtor, are considered as accepting it under benefit of inventory.
Of the Seals and of the Administration of Vacant
Estates, and Estates' of which the Heirs are absent and not represented.
of the Seals, and of the Affixing and taking off of the
ART. 1068.-By seals, in matters of succession, is un