Succession of Gilbert

| iCALOGERO, Chief Justice,

dissenting.

In the instant case, the majority concludes that inter vivos donations made to all of the decedent’s forced heirs in equal amounts during the same calendar year should be included in the Civil Code article 1505 calculation used to determine the active mass of the decedent’s succession. For the numerous reasons given hereinbelow, I disagree.

Though since amended, at the time relevant to the instant matter, the second paragraph of Civil Code article 1502 read as follows:

Any donation inter vivos, from the donor to his descendants, exceeding the quantum of…