Spann v. Hellen

Citations

• 114 La. 336
• 38 So. 248
• 1905 La. LEXIS 465

Syllabus

<p>DONATION INTEK VIVOS — VALIDITY—PAROL EVIDENCE.</p> <p>1. Where a mother divided all her estate among her three daughters by separate acts of sale reciting the receipt of the price, the transaction will be considered as a partition, binding on the donees until rescinded in a direct action on allegation and proof that the advantages secured to one or more of the coheirs exceeded the disposable portion.</p> <p>2. Where it is alleged that such a partition was made, coupled with the verbal condition that values were to be equalized after the death of the donor, held, that parol evidence is not admissible to prove such alleged condition.</p> <p>(Syllabus by the Court.)</p>