Succession of Lamotte

Citations

• 110 La. 42
• 34 So. 122
• 1903 La. LEXIS 594

Syllabus

<p>DESCENT — FORCED HEIRS — COLLATION — REDUCTION.</p> <p>1. A father, who had been the tutor of an only daughter, and had continued to transact her business after her majority, transferred to her certain properties, in the form of sales, after he had been a widower for nearly 40 years, and was over 70 years of age. He had, just prior to the sales, acknowledged he owed her $6,000. The property was worth about $13,000. He subsequently married, and of this second marriage there was issue, one child. At his death the tutrix of the younger child, alleging that there had been no consideration for the sales, sought to have the property brought into the succession and subjected to collation or to reduction to secure the legitime of the second daughter.</p> <p>Held, that the ownership of the property was vested in' the older child, but that even if, by reason of their form and the circumstances under which the acts of sale were executed, the property should not be subjected to collation, it was held subject to reduction, and to payment in money of the legitime of the younger sister; the older child being entitled, in fixing the amount of the legitime, to have $8,000 deducted as a debt of her father.</p> <p>(Syllabus by the Court.)</p>