Succession of Lanphier

Citations

• 104 La. 384

Syllabus

<p>Syllabus.</p> <p>1. where a mother and tutrix in anticipation of her second marriage has made through their und^rtulor a settlement, or dation cn pavement with her children, in the form of a donation, the parties have the right, on finding the form of the act an obstacle in the way of the sale of the property, to set aside the donation, sell the property and apply the price to the payment of the children. The children of the second marriage have no right under these circumstances to force a collation from those of the first by reason of this donation. (Howe vs. Scudder).</p> <p>2. The plaintiffs in a partition suit between heirs have the right when the defendants set up, in the District Court, a claim against the succession to urge their defense from such claim by pleadings, and, also, to advance claims of their own. The usual practice is to present such claims before the notary to whom the matters are referred for a partition, and for him to send the parties back to the court for settlement in the event of a contest. The action of the court in permitting matters to be determined before reference is not an error, particularly when, at the request of parties, the case has been continued for time to examine claims.</p> <p>3. Where a wife has separate property from which are derived revenues during marriage sufficient to pay a separate debt which she owes, payment of such debt during marriage will not be presumed to have been made out of community funds, by reason of the simple fact that the husband has occasionally received the rents from leases of her property not made by himself, particularly where the husband has gone into bankruptcy and has placed no claim against his wife upon his schedule nor referred to it.</p> <p>4. A statement by a husband on his schedule that he has furniture to the extent of one hundred and twenty-five dollars, which he claims is exempt, does not estop bis beirs from claiming that furniture shown to have been in the family residence duri