7 La. 477 | La. | 1844
The executors of the last will of Peytavin having paid all the debts due by the succession, one of them filed a tableau, according to which they proposed to distribute the balance of the assets in their hands among the various legatees, the amount of the assets not being sufficient to pay the legacies in full. He charges himself with ten per cent interest on the sums' in hand, but with this reservation, that if any attempt should be made to render the executors liable for any of the debts mentioned in the present account, or-to render them responsible for any larger amount than that which is admitted to be on hand, to wit, $10,343 73, then the interest shall be stricken out, or reduced to five per cent.
Various oppositions were made by the legatees and attorney of absent heirs, which it is necessary to notice only so far as they frave been insisted on in argument before this court, after having been overruled by the Court of Probates- They relate principally to a considerable amount of outstanding debts, due partly to the former partnership of Reynaud & Peytavin, and partly to the estate of Peytavin alone, wljiicb.. the opponents contend that the executors are liable to account for, because they neglected to make the collection thereof.
It is proper, however, to dispose of the demand of the legatees
The principal questions which the case presents, relate to the diligence used by the executors in collecting a considerable amount of outstanding debts. It is for them to exonerate themselves by showing reasonable diligence. Such is the well-settled doctrine on the subject.
The first item to which our attention is called, for which it is •contended the executors are liable, is a sum of $262 25, set down in the account as a bad debt. It is composed of a number of small sums due by different persons, for moveables purchased at the sale of the property belonging to the succession. It is not
With respect to the debts owing by Laroque Turgeau and Barthelerny, which were due before the death of the testator, the Parish Judge who tried the cause, was "satisfied with the degree of diligence used by the executors. Both became insolvent, and made a surrender to their creditors. The claims of the estate of Peytavin appear upon their tableaux of distribution, and it appears there is yet due a part of the debts, which will probably be realized. When we examine all the evidence exhibited in the record, we are not prepared to say that the court erred in coming to the conclusion, that the executors have not made themselves liable by their neglect.
The largest item contested by the opposing legatees is that of $14,841, due to the late firm of Reynaud & Peytavin. This sum appears due by numerous individuals who had open accounts with that firm, of which the testator was a partner. They were all due long before his death. The whole are set down as bad debts. It is contended that, with respect to a large part of these debts, no attempt is shown to collect them. We do not think that the mere fact of not bringing suit for a debt, is conclusive against the executor. To sue every body indiscriminately, however hopeless the debt, would imprudently involve an estate in costs. In some instances in the case before us, the executors appear to have been advised not to sue, by the attorney of absent heirs. Several witnesses were examined as to the situation of the debtors and their ability to pay, and the Judge concluded, from the whole evidence before him, that it would be unjust to condemn the executors to account for any part of that mass of petty debts, which no diligence on their part could have enabled them to collect. A careful examination of the evidence does not authorize us to say that he erred.
Thus, it appears to us, there is a trifling error of two hundred and sixty-two dollars and twenty five cents, to the prejudice of the legatees. But this is more than made up by a voluntary allowance of interest at ten per cent, instead of five, upon the' whole amount in the hands of the executors. This allowance
Judgment affirmed.