Gasquet v. Fenner

Background

An heir living in Tennessee sued a Louisiana executor to get one-third of his late mother’s estate. Louisiana officials said the heir had been declared incapable (interdicted) by Louisiana courts, so the estate could not be finally settled and his share could not be delivered except to a court-appointed curator. The heir had earlier secured a Tennessee court finding that he was of sound mind and that his disability was removed, then asked a federal court to force the Louisiana executor to pay him.

Reasoning

The main question was whether the Tennessee decree could directly undo the Louisiana interdiction so the heir could get his money. The Court said no: under Louisiana law an interdiction can be revoked only by the same formal process used to impose it, and final probate settlement in Louisiana requires either revoking the interdiction or appointing a curator. At most the Tennessee judgment could give the heir grounds to seek removal of the interdiction, but it could not itself substitute for the Louisiana procedures needed for a final accounting.

Real world impact

The decision means heirs cannot use an out-of-state sanity finding to short-circuit another State’s probate procedures. Anyone seeking estate money in Louisiana must follow Louisiana law—for example, by getting a curator appointed or by having the Louisiana interdiction formally revoked—before a final distribution can occur.