Succession of Miller

Following the death of Edna Miller, her seven surviving children and four of her grandchildren jointly became the co-owners of one-half of a large home in New Orleans and the movable property it contained. One of Edna’s sons, Martin (plaintiff), was the executor of the estate and controlled the property, which had been put up for sale. Martin was concerned about his personal liability as the executor of such valuable property and proposed a plan to the other co-owners to limit his liability. Martin proposed that he would either restrict access to the property by the other co-owners to a reasonable time for a legitimate purpose under his supervision or alternatively all of the co-owners could have unrestricted access to the property if all agreed to release Martin from any personal liability for the property. The co-owners failed to reach an agreement on either of these options. Martin then filed a motion with the court to determine the reasonable use and management of the property. Edna’s other son, Val (defendant), protested Martin’s control of the property and testified that as a co-owner he should have unlimited access to the property and even have the right to take movables from the property without asking. The trial court granted Martin control over the property and all access to it by the other co-owners. Val appealed.