John McLean

“ According to the law in Louisiana (and we believe everywhere else) creditors of the deceased have a right to be paid out of the funds in the hands of the executor, in preference to all other persons, whether legatees or heirs. Civil Code, Art. 1627. And they are the parties principally interested in so much of the property as is needed to satisfy their claims; consequently, the account must be rendered to them of the property received, and payment must be made to them, if it is destroyed. ”

“ When a syndic has been legally appointed, and has taken charge of the estate intrusted to him, no individual creditor can sue him for a debt, or interfere with his administration. He may be ruled to produce his bank-book, file a tableau of distribution, and pay privileged debts, &c., but he should not be suffered to be harassed by suits brought by individual creditors, who allege or fear mismanagement on his part. ”

“ If such property and funds be in her hands, she can hold them only under the control and supervision of the court. She is compelled by law and by the duties of her office to administer and distribute, and no proof can be received that she has not done so, except a judgment of the proper court. Such a judgment any creditor aggrieved may always provoke. The petition alleges no such judgment ”

“ There is a tacit or quasi contract made by an executor in receiving property of a succession, that he will pay it to the parties to whom it rightfully belongs, that is, first to the creditors, then to the legatees, then to the heirs of the deceased. ”

“ No creditor is permitted to bring suit for the debt of the estate, without first presenting his claim to the administrator. If the claim be acknowledged in writing by the administrator, the creditor 'may present it to the judge, that it may be ranked amongst the acknowledged debts of the succession.' Louisiana Code of Practice, art. 984, 985. If the administrator refuse to acknowledge the claim, then the creditor may bring suit. Art. 986. But the judgment obtained gives no priority, and the creditor can only obtain payment concurrently with the other creditors. Art. ”

“ All of which several debts were due to James Armour at the time of his death, and have since become worthless and prescribed by means of the negligence of said Mrs. Armour; and all said claims bore interest at the rate of eight per cent. per annum, from their dates till paid.
'That, by means of said negligence, she has made herself liable to the creditors of the said James Armour for the amount of all said claims, $11,760 and interest at ten per cent. from the several dates above mentioned until payment. ”

“ If the allegations of the petition be true, it is obvious that this suit is both unnecessary and vexatious. If property to the amount of over $70,000 in value has come to the hands of the defendant to pay debts of only $40,000, it is apparent that she is liable for the assets as executrix. ”

“ Josephine Hurd Armour has become liable to pay the said debt to your petitioner, and also to pay damages to the amount of eight thousand dollars, and eight per cent. per annum interest from 6th June, 1843, till paid. ”