Arsht v. Davis

I concur with the majority that plaintiff-appellant has no right of action, since she expressly declared and pled that she was not proceeding as a forced heir, to seek either collation of the property transferred in “the 1959 transfer”, La.C.C. Art. 1235; Succession of Higgins, 275 So.2d 447 (La. App. 4 Cir.1973), or to have the property transferred in “the 1959 transfer” declared a donation in disguise, La.C.C. Art. 2444, See, Marshall v. Brumfield, 457 So.2d 811 (La.App. 1 Cir.1984). I also believe, as does the majority, that these actions are personal to a forced heir.

However, as the…