Sanchez v. SanchezSanchez v. Sanchez
Mary Tempanero Sanchez, plaintiff-appellant, has appealed the trial court‘s judgment sustaining the peremptory exception raising the objection of prescription based on
Antoine Sanchez was one of twelve children born of the marriage of Theogene and Angelique Sanchez. Theogene died in May, 1935. Aldwin, Antoine‘s son and Theogene‘s grandson, was the father of two of the defendants, Terry and Brenda Sanchez. Aldwin died in March, 1961. In August, 1974, Angelique died and in November, 1975, Antoine, died. The succession of Theogene and Angelique was judicially opened and a Judgment of Possession was rendered on May 22, 1978. (See Appendix “A” for a diagram of the individuals and events pertinent to this case.) This Judgment of Possession recognized Terry and Brenda Sanchez as two of the sole surviving heirs of Theogene and Angelique, and sent them into possession of an undivided one-twenty-fourth (1/24) interest in the property belonging to the decedents, and an undivided one-forty-eighth (1/48) interest
On February 15, 1979, Terry and Brenda Sanchez sold their interest in the property received from the succession of Theogene and Angelique to Norman and Maryanne C. Sanchez. On January 23, 1986, Mary Tempanero Sanchez filed a petition for Probate of the Will of Antoine Sanchez. The will was dated September 13, 1969, and bequeathed to Mary T. Sanchez an undivided one-half (½) interest in all of the property that Antoine owned at the date of his death. The remaining undivided one-half (½) interest was bequeathed to Terry and Brenda, Antoine‘s grandchildren.
Based on this will, Mary T. Sanchez alleges an interest in the property inherited by Terry and Brenda and then sold by them to Norman and Maryanne C. Sanchez. Plaintiff seeks to annul a portion of the Judgment of Possession from Theogene and Angelique‘s succession recognizing Terry and Brenda Sanchez as heirs and to amend that Judgment of Possession to recognize her alleged one-half interest in any property inherited by Antoine from Theogene and Angelique.
The trial court dismissed defendants’ peremptory exception raising the objection of prescription based on
A. An action by a person who is a successor of a deceased person, and who has not been recognized as such in the judgment of possession rendered by a court of competent jurisdiction, to assert an interest in an immovable formerly owned by the deceased, against a third person who has acquired an interest in the immovable by onerous title from a person recognized as an heir or legatee of the deceased in the judgment of possession, or his successors, is prescribed in two years from the date of the finality of the judgment of possession.
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C. “Third person” means a person other than one recognized as an heir or legatee of the deceased in the judgment of possession.
The trial court, in its reasons for judgment, stated in the instant case, the “deceased person” referred to in section A was Theogene and Angelique, that Norman and Maryanne C. Sanchez qualified as “third persons” and that plaintiff‘s action had prescribed. Plaintiff assigns as error the determination that “deceased persons” refer to Theogene and Angelique, arguing that the statute is unclear. Mary T. Sanchez alleges “deceased persons” could be either Theogene and Angelique or Antoine or Aldwin. Because plaintiff asserts that this language is ambiguous and subject to several reasonable interpretations, she seeks to have the judgment sustaining defendants’ exception reversed.
Courts have the duty to interpret laws as legislated and, when possible, to honor the clear meaning of a statute as revealed by its language, purpose, and history. Dumas v. Jetson, 446 So.2d 747 (La. App. 1 Cir.1983), writ granted in part and remanded, writ denied in part, 445 So.2d 424 (La.1984). Before the 1987 Revision of the Preliminary Title of the Louisiana Civil Code, the rules of interpretation of laws were contained in Articles 13 through 212. These rules included:
Article 13. When a law is clear and free from all ambiguity, the letter of it is not to be disregarded, under the pretext of pursuing its spirit. Article 16. Where the words of a law are dubious, their meaning may be sought by examining the context with which the ambiguous words, phrases and sentences may be compared, in order to ascertain their true meaning.
In addition,
Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the language.
It is presumed that every word, sentence, or provision in the law was intended to serve some useful purpose, that some effect is to be given to each such provision, and that no unnecessary words or provisions were used. D‘Agostino v. City of Baton Rouge, 504 So.2d 1082 (La. App. 1 Cir.1987).
Costs of this appeal are assessed to plaintiff.
AFFIRMED.
APPENDIX A
Notes
No testament shall be admitted to probate unless a petition therefor has been filed in a court of competent jurisdiction within five years after the judicial opening of the succession of the deceased.