Grandchampt v. Billis' Heirs

Citations

• 121 La. 340
• 46 So. 348
• 1908 La. LEXIS 676

Syllabus

<p>1. Action — Consolidation — Action by Heirs — Probate oe Will — Attack on.</p> <p>A petition alleging that a married woman has died intestate, leaving community and separate property, free of debts, that her estate is held by the administrator of her husband, and that plaintiffs are her heirs at lajv, discloses a cause of action with respect to the prayer, that, after citation of such administrator and of the heirs of the husband, plaintiffs be put in possession of such estate. But where, after the bringing of such suit, an instrument purporting to be the last will of the alleged intestate is offered for probate, in the same court, and is attacked by such plaintiffs as illegal, and on the grounds that the husband, named as the beneficiary, was “unworthy” and incapable of inheriting, the suit already brought should be referred to the proceeding in which the will is thus attacked and the probate thereof opposed.</p> <p>2. Descent and Distribution — Rights oe Collateral PIeirs — Attacking Involuntary Alienation — Actions.</p> <p>Though collateral heirs have no capacity to attack a donation or voluntary alienation of property made by one from whom, under the law, they are entitled to inherit, such incapacity does not extend to the case of an involuntary alienation, where the property is alleged to have been wrested from the de cujus by force, fraud, or threats, for, in such case, the heirs, whether collateral or forced, in seeking to recover the property are attempting, not to defeat the purpose of the owner in exercising his legal rights, but to vindicate those rights, as well as the right which the law gives to the heirs themselves to inherit from the owner the property of which the latter had not voluntarily disposea, and which, therefore, belonged to him at the time of his death.</p> <p>(Syllabus by the Court.)</p>