Succession of Weber

Citations

• 110 La. 674
• 34 So. 731
• 1901 La. LEXIS 857

Syllabus

<p>APPEAL — INSUFFICIENT BOND — AMENDMENT-COLLATION BY HEIR.</p> <p>On Motion to Dismiss the Appeal.</p> <p>1. Error committed by appellant which resulted in his not furnishing a proper bond of appeal will not prevent him from completing his appeal within legal delays. Dugas v. Truxillo, 15 La. Ann. 116; Smith v. Vanhille, 11 La. 382; Johnson v. Clark and Meader, 29 La. Ann. 763.</p> <p>2. The act should be unequivocal, to authorize a presumption of abandonment. An oversight in drafting the bond, as relates to its amount, will not prevent timely amendment by another executed within time required. Leggett v. Peet, 1 La. 296; Yale v. Howard, 24 La. Ann. 458.</p> <p>On the Merits.</p> <p>3. An heir must collate whatever he has received in excess of his share, unless same has; been given as an extra portion. The intention, to give as an extra portion must be indicated, in an unequivocal manner, and will not be presumed from the fact that the donation was; made under the guise of a contract of sale.</p> <p>4. Where property and money are to be collated, rents and interest are due only from the date of the opening of the succession by the death of the ancestor. If the rental value of the property has been increased by improvements, the rents of the improved property are not to be collated, but only the rental value of the property in the condition in which it was at the date of the donation. Amounts expended in taxes, insurance, and maintenance are chargeable to revenues, and are not to be deducted from the value of the property to be collated.</p> <p>(Syllabus by the Court.)</p>