Succession of Moore
Supreme Court of Louisiana
A PPEAL from the Civil District Court, Parish of Orleans. ±\_ Tissot, J. All donations, whether made in or out of the State, are to be considered in determining the reduction to which they are liable, and must be fictitiously added to the property belonging to the donor at his death. C. C. 1505, Only those are excluded which have perished by accident in the hands of the donee.
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A PPEAL from the Civil District Court, Parish of Orleans. ±\_ Tissot, J. All donations, whether made in or out of the State, are to be considered in determining the reduction to which they are liable, and must be fictitiously added to the property belonging to the donor at his death. C. C. 1505, Only those are excluded which have perished by accident in the hands of the donee. C. C. 1506. In calculating the disposable portion, tlie property given or bequeathed to all persons whether relations or strangers, must be included. C. C. 1234, A donation 07)vnium boiiorum is null for the whole. C. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The object of this suit is to have it judicially declared :
1. Tliat the widow of the deceased is not entitled to a usufruct over bis share in the community property. .
2. That the donations of securities and cash made by the deceased to his wife, in New York and New Orleans, are nullities, and if not such, are excessive, and should be seduced to the legal quantum.
3.' That the deceased left individual property, which he owned previous to his marriage, and which must be accounted for.
The defense is, that the deceased, by his will, confirmed…
2Cited by25 opinions
- Succession of MarsalSupreme Court of Louisiana · 1907
- Succession of BakerSupreme Court of Louisiana · 1911
- Succession of MillerSupreme Court of Louisiana · 1981
- Snowden v. CruseSupreme Court of Louisiana · 1922
- Succession of WaldronSupreme Court of Louisiana · 1975
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