The appointment of the testator’s slave is invalid if any of the heirs have attained to maturity, but not otherwise.
In case of the executor’s incapacity, the magistrate must give him an assistant; but he must not do so on the executor pleading incapacity without due examination; and if he appear perfectly equal to the office, he cannot be removed, not even on the complaint of the heirs, unless his culpability be ascertained.
One of two joint executors cannot act without the concurrence of the other, except in such matters as require immediate execution, or which are of an incumbent nature, or in which the interest or advantage of the estate are concerned.
In case of the death of a joint executor, the magistrate must appoint a substitute, unless the deceased have himself nominated his successor. The executor of an executor is his substitute in office.
An executor is entitled to possess himself of the portions of infant and absent adult heirs on their behalf, but not of the legacies of infant or absent legatees.
An executor may sell a slave of the estate, for the discharge of the debts upon it, in absence of the creditors, unless the slave be involved in debt.
An executor having sold and received the price of an article which afterwards proves to be the property of another, is accountable to the purchaser for the price he had so received; but if this has been lost he may reimburse himself from the person to whom the article had fallen by inheritance.
An executor may accept a transfer for a debt due to his infant ward, or sell or purchase movables on his account. He may also sell movables on account of an absent adult heir, but he cannot trade with his ward’s portion. He may sell movable property on account of the infant or absent adult brother of the testator.
The power of a father’s executor precedes that of the grandfather. If there be no executor, the grandfather is the father’s representative.