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Ubarri v. Laborde, 214 U.S. 168 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
ERROR TO THE DISTRICT COURT OF THE
UNITED STATES FOR PORTO RICO
Syllabus
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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Chicago: U.S. Supreme Court, "Syllabus," Ubarri v. Laborde, 214 U.S. 168 (1909) in 214 U.S. 168 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=24TWIVBXLMLMM4R.
MLA: U.S. Supreme Court. "Syllabus." Ubarri v. Laborde, 214 U.S. 168 (1909), in 214 U.S. 168, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=24TWIVBXLMLMM4R.
Harvard: U.S. Supreme Court, 'Syllabus' in Ubarri v. Laborde, 214 U.S. 168 (1909). cited in 1909, 214 U.S. 168. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=24TWIVBXLMLMM4R.
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