Harris v. Wafer

Citations

• 113 La. 822
• 37 So. 768
• 1904 La. LEXIS 709

Syllabus

<p>CONTRACT — 'FUTURE SUPPORT — VALIDITY—COMMUNITY PROPERTY — RESCISSION—TENDER.</p> <p>1. An act signed by a married man and his wife, by which the former divested himself of all his property, real and personal, in favor of another (not reserving to himself for his subsistence), for and in consideration of the transferee’s promise “to take [the transferror and. his wife], and maintain and provide and care for [them] as a father careth for his children •during their natural lives,” is null and void. A person must keep in his own possession and ownership enough of his property for his subsistence. The mere promise to support him and his wife is insufficient.</p> <p>2. The property transferred in this case was •community property. The nullity of the act was invoked by the husband only after the wife’s death. It was contended that, to the extent at least of one-half of the property, the transfer could not be attacked. The contention was not well founded. The act, for reasons assigned, was null for the whole.</p> <p>3. The plaintiff was not required, as a condition precedent to bringing his action, to make defendant a tender of payment of board for himself and wife, and for improvements on the property.</p> <p>(Syllabus by the Court.)</p>