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41 Tul. L. Rev. 695 (1966-1967)
Notes

handle is hein.journals/tulr41 and id is 711 raw text is: NOTES CiviL PROCEDURE - REOPENING SUCCESSION - BELATED CLAIM IS NOT PROPER CAUSE UNDER CODE OF CIVIL PROCEDURE ART. 3393 Ancillary succession proceedings, instituted to administer the Louisiana property of a deceased Texas domiciliary, were termi- nated in June 1962 by a judgment homologating the final account of the executors-defendants and discharging them. In May 1964 plaintiff, asserting that her deceased husband had been the assignee of certain mineral interests of the Texas decedent, initiated the present suit to reopen the ancillary succession;' she alleged breach of the assignment agreement. Defendants, residents of Texas, were cited individually and as executors, and were served through the attorney who had been their agent for service of process in the ancillary succession proceedings. The district court revoked the discharge of the executors, ordered them to appear and defend the suit, and overruled the exceptions of lack of personal jurisdiction and insufficiency of service of process. The court of appeal re- versed, and held that a belated claim by an alleged creditor is not a proper cause for reopening a succession, and that even if a proper cause did exist, article 3393 did not authorize the district court to reestablish jurisdiction over the discharged executors by recalling them to reassume their office. Molero v. Bass, 190 So. 2d 141 (La. App. 4th Cir. 1966), cert. denied, - La. -, 193 So. 2d 523 (1967). Article 3393 of the Louisiana Code of Civil Procedure authorizes the reopening of a succession if other property of the succession is discovered or for any other proper cause. This article had no previous statutory counterpart in Louisiana, reopening procedure existing solely by virtue of a rather limited body of jurisprudence.2 The article, patterned after a more detailed provision in the Model 'La. Code Civ. P. art. 3393 (1960) provides: After a succession representative has been discharged, if other property of the succession is discovered or for any other proper cause, upon the petition of any interested person, the court, without notice or upon such notice as it may direct, may order that the succession be reopened. The court may reappoint the succession representative or appoint another succession repre- sentative. The procedure provided by this Code for an original administration shall apply to the administration of a reopened succession in so far as applicable. 2Dictum in Succession of Quaglino, 223 La. 171, 65 So. 2d 127 (1953), and the result of Succession of Foster, 240 La. 269, 122 So. 2d 96 (1960), in which an administration was reopened to permit decedent's widow to probate a newly discovered will, indicated the permissibility of reopening a succession.

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