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UBARRI V. LABORDE, 214 U. S. 168 (1909)

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U.S. Supreme Court

Ubarri v. Laborde, 214 U.S. 168 (1909)

Ubarri v. Laborde

No. 137

Argued April 7, 8, 1909

Decided May 17, 1909

214 U.S. 168


Judgment reversed on the facts, it being based on allegations of fraud and corruption which this Court holds were not sustained by the evidence.

The effect under the law of Porto Rico of an heir's waiving the benefit of inventory is to make him personally liable for the debts of the succession without limit, as under the early law of Rome, of England, and of France; but, after the inheritance is divided, the liability of the succession is at an end, and gives place to personal liability of each heir for the whole debt to the extent of the assets received by him, if accepted with benefit of inventory, or otherwise in full.

Whether or not an heir in Porto Rico waives benefit of inventory is a pure question of fact, and, if the complaint is silent, the court will not presume that there was such a waiver.

3 P.R. 163 reversed.

The facts are stated in the opinion.

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