Atkins v. Johnston

I do not subscribe to the view that a donation inter vivos of real property may be revoked by implication nor can I agree that “the donors’ joining with the donee in the signing of the warranty deed tendered to appellees * * * results in a tacit revocation * * * ” of the donation to John B. Atkins Foundation and that, therefore, the title tendered is not assailable by the forced heirs of the donors under Article 1517 of the Civil Code in the event the donation should hereafter be found to exceed the disposable portion.

A perusal of the provisions of the Code dealing with donations inter vivos…