Tulane University v. Board of Assessors

Citations

• 115 La. 1026
• 40 So. 445
• 1905 La. LEXIS 759

Syllabus

<p>1. Wills — Universal Legatee — Title to Residuum — Exemption erom Taxation.</p> <p>Under the maxim, “Le mort saisit le vif,” embodied in articles 940, 941, and '942 of the Civil Code, the universal legatee is, in the absence of forced heirs, invested with the ownership and seisin of the universal legacy from the moment of the death of the testator; and as a consequence, if the property of such legatee enjoys immunity from taxation, the property composing such universal legacy becomes exempt from taxation, and cannot be assessed to the succession while the succession is in course of administration.</p> <p>2. Same — Exemption ob Particular Legacies.</p> <p>Inasmuch as the universal legacy is composed of what is left after all particular legacies, debts, and charges are paid, any taxes assessed against the succession are in effect, or as a matter of dollars and cents, assessed against the universal legatee. It does not follow from this, however, that, in a case where the universal legacy is exempt from taxation, the part of the succession property required for satisfying the particular legacies is in like manner exempt.. Such particular legacies are in the hands of che succession representative to be turned over to the legatees’ and, not being themselves exempt from taxation, are properly assessed to the succession. The universal legatee does not pay the tax, but receives that much less under the terms of the will.</p> <p>8. Taxation — Statutes—Construction.</p> <p>The revenue law, levying' a tax upon all property held by executors, has reference to property so held that is subject to taxation.</p> <p>4.Executors and Administrators — Title to Property.</p> <p>The decisions of this court, holding that the property of a succession pending administration is owned by the abstract being called “succession,” mean nothing more than that the property is so held for thé purposes of administration. They do not mean that the property is so held in hostility to or exclusion of