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· 6/15/1909

Succession of Elmore

Citations

  • 124 La. 91
  • 49 So. 989
  • 1909 La. LEXIS 428

Syllabus

<p>Wills (§ 81*) — Testamentary Power — Gifts to Illegitimate Children — Excessive Donation.</p> <p>That a will gave an adulterine child more than the amount of property allowed by Civ. Code, art. 1488, prohibiting natural fathers from giving property to adulterine or incestuous children unless to the amount of what is necessary to their sustenance or to procure them an occupation, did not annul the, whole will, but the donation will be reduced to the amount allowed by the statute, in view of article 1470, permitting all persons to receive by donation mortis causa except such as the law expressly declares incapable.</p>

Judges: Provosty

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