Succession of Blancand
| Decision Date | 23 March 1896 |
| Docket Number | 11,925 |
| Citation | 19 So. 683,48 La.Ann. 578 |
| Court | Louisiana Supreme Court |
| Parties | SUCCESSION OF JOSEPHINE M. BLANCAND |
Argued March 12, 1896
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J.
Solomon Wolff, Felix J. Dreyfous and Frank McGloin, for Administratrix, Appellee.
Henry Chiappella and E. D. LeBreton, for Opponent, Appellant.
This appeal is by the administratrix of the succession of Gustave P. Blancand and the tutrix of his minor child from the judgment dismissing her opposition to the account filed by the administratrix of the succession of Josephine M. Blancand.
The deceased died insolvent. The account exhibits assets amounting to four thousand one hundred dollars and debts to a greater amount. The property left by the deceased was mainly a stock of groceries, the sale of which produced the fund for distribution to her creditors.
Gustave P. Blancand, the husband of Josephine, died in 1891, leaving children, on behalf of one of whom, a grandson, the opposition is filed. Gustave P. Blancand was the proprietor of a grocery, the stock of which was all he left at his death. It is proved he died insolvent. There was no administration of his property, his widow continued the grocery until her death with the result of a remnant of stock insufficient to pay her debts as exhibited by the account the subject of this appeal.
It is under these circumstances that the administratrix of Gustave P. Blancand and tutrix of his minor child claim by the opposition to be placed on the account of the administratrix of Josephine M. Blancand for the one-half of the proceeds of sale of her stock of goods to the exclusion of her creditors.
The theory of the opponent is that the stock of groceries of Gustave P. Blancand, as it stood in 1891, is to be deemed still in existence and represented by the stock possessed by Josephine M. Blancand when she died in 1894. The stock of Gustave P. Blancand has been consumed. His widow, continuing his business since 1891, used the stock of 1891 in daily sales and replenished her supplies from time to time, until her death. We are asked, because of this continuance of the business by the widow in the same store occupied by Gustave P. Blancand, and replenishing of her stock as required by the needs of her business, to sanction the fictitious existence in 1894 of the groceries in 1891, in the store when Gustave P. Blancand died. On this legal fiction that the stock of Josephine Blancand is the stock long since consumed of her husband, and of the community between them, dissolved by death, it is claimed that one-half the funds on the account should be awarded to the administratrix of the husband and to the tutrix of the minor child, and this result is insisted upon, notwithstanding it takes from the creditors of Josephine the fund to pay them, derived, doubtless, from the groceries sold to her by the creditors.
There is, in our opinion, no basis for the ownership of the proceeds of any portion asserted by the opponents. The amount on the account is derived from the grocery stock of Mrs. Blancand, not in any sense to be deemed...
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