1 La. Ann. 237 | La. | 1846
The judgment of the court was pronounced by
This suit is a contest between the heirs of Joseph Andrus, in
There is no ambiguity in the Code (art. 1492), as to the mode of determing the reduction; but we are without the necessary facts for its application, and must therefore remand the cause.
In doing so, it is proper, in order to simplify the further proceedings in this cause, and to facilitate the settlement of a succession which has been open for so many years, to add our views with regard to the rights of Joseph E. Andrus and of Susan Collins.
It appears that Joseph Andrus died, in May, 1834. In October, 1833, the deceased executed in favor of Joseph E. Andrus, one of his children, an instrument in which he acknowledges himself to be indebted to his son in the' sum of $5000, which he binds himself “to pay to Joseph in horned cattle, to be delivered to the said Joseph, his heirs, or assigns, in the month of June next.” The deceased also executed, on the same day, in favor of his daughter, Susan Andrus, the widow Collins, an instrument, in the form of a promissory note, to her order, for the sum of $3500, payable in the ensuing May, with interest.
There is no evidence to establish any indebtedness, in the ordinary course of business, by the father to either of these children. The evidence they have offered to sustain these acknowledgments of indebtedness, is the rendition of services, by them respectively, to the deceased. No other consideration is pretended, and the nature and extent of the services are vaguely exhibited. We
It is therefore decreed that, so much of the judgment appealed from as declares valid the donations therein recited, made to Jesse Andrus and to Susan M. Collins, and rejects the claims of said plaintiffs to have said donations collated, and so much also of said judgment as recognizes the validity of the obligations for ¡¡¡¡5000 and ¡¡¡>3500, executed on the 19th October, 1833, by said Joseph Andrus, in favor of said Joseph E. Andrus and said Susan M. Collins, be avoided; and it is further decreed that the said obligations of f5000 and ¡¡¡>3500 be declared null and void, and that no credit be allowed therefor to the said obligees, Joseph E. Andrus and Susan M. Collins respectively, in the settlement of said succession, reserving to said Joseph E. Andrus and Susan M. Collins respectively, any claim which they, or either of them, may have against said succession as creditors for services rendered : and it is further decreed that, this cause be remanded for further proceedings, according to the principles declared in this decree and according to law, the appellees paying the costs of this appeal.