Berthelot v. Fitch
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. - King, J. In partition, the heir-at-law and donee of movables is bound to collate their value at time of donation.
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APPEAL from the Civil District Court for the Parish of Orleans. - King, J. In partition, the heir-at-law and donee of movables is bound to collate their value at time of donation. As to immovables, if the donee collate in kind, the property belongs to the succession as of the date of the donor’s death; and in that event is debtor the expenses placed upon it and necessary for its preservation or for keeping the property in proper order, as also all taxes; and is credited with the rents from the date of the opening of the succession. If the collation be made in kind, the dooee is entitled to…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiff petitions for a partition as one of the heirs of her late father John Henderson, and to have returned to the mass of the succession (either in kind or by taking less) the property which two of the heirs have received in advance of their shares, in *505order that this property may be divided together with the other effects of the succession.
One of the heirs filed an exception to the suit on the ground that prior it was necessary to know the assets and liabilities of the succession, in order that the judgment might settle the rights of…
2Cited by9 opinions
- Succession of Doll v. DollSupreme Court of Louisiana · 1992
- Succession of GomezSupreme Court of Louisiana · 1953
- Succession of PiersonLouisiana Court of Appeal · 1977
- Maguire v. FlukerSupreme Court of Louisiana · 1902
- Succession of MartinLouisiana Court of Appeal · 1962
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