Succession of Terry

Decision Date10 September 1993
Docket NumberNo. 92-CA-3155,92-CA-3155
Citation624 So.2d 1201
PartiesSUCCESSION OF Beatrice Asprion TERRY.
CourtLouisiana Supreme Court

Dan A. Smetherman, Dale C. Wilks, Richard P. Ieyoub, Atty. Gen., Melinda M. Tucker, for applicant.

Charles E. McHale, Jr., Rene Lehmann, for respondent.

Ivor A. Trapolin, Miles G. Trapolin, for Hibernia Nat. Bank, amicus curiae.

Steven O. Medo, Jr., Charles E. Bruneau, for Carol V. Jurisich amicus curiae.

Dominic N. Varrecchio, Counsel for Max Nathan, Jr., Donna J. Burmat, Laurie J. Henderson, Peter Jurisich, Alan Jurisich, Linda M. Mollere, Steven Jurisich amicus curiae.

Vincent T. LoCoco, Frederick W. Swaim, Jr., for Patricia Vivian M. Brooks amicus curiae.

Sidney M. Blitzer, for Sidney M. Blitzer, Jr. amicus curiae.

DENNIS, Justice. *

The plaintiff brought this suit attacking the constitutionality of Civil Code article 1493, as amended in 1989 and 1990, and to be recognized as the sole forced heir of the decedent and to be placed into possession of the forced portion of the decedent's estate. Prior to 1989 all children were forced heirs, unless disinherited for cause, and were entitled to receive an equal share of the forced portion of their decedent's estate. In 1989 and 1990, the legislature amended Civil Code article 1493 to extinguish the right of forced heirship for persons competent and twenty-three years of age on the date of their decedent's death. The plaintiff was competent and twenty-three years of age or older at the time of the decedent's death on May 30, 1991.

After considering the law and the evidence, the trial court declared that Civil Code article 1493, as amended in 1989 and 1990, is unconstitutional because it violates Article I, Sec. 3 of our state constitution, which prohibits arbitrary, capricious, and unreasonable discrimination against a person because of age. The trial court rejected the plaintiff's argument that the statute was unconstitutional under Article XII, Sec. 5 of our state constitution because it abolishes forced heirship. Applying the law preexisting the unconstitutional amendments to Civil Code article 1493, the trial court decreed that the plaintiff, as sole forced heir, is entitled to an undivided one-fourth forced portion of the decedent's estate. This appeal followed.

Today this court decided in Succession of Lauga, 624 So.2d 1156 (La.1993) that Civil Code article 1493, as amended in 1989 and 1990, is unconstitutional because it violates Article XII, Sec. 5 of the 1974 Louisiana Constitution, which declares that no law shall abolish forced heirship; and that it is unnecessary for this court to consider whether the statute is also unconstitutional as a law which discriminates against a person because of age in violation of Article I, Sec. 3 of our state constitution.

Consequently, we conclude that the trial court in the present case reached correct results, first by concluding that Civil Code article 1493, as amended in 1989 and 1990, is...

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12 cases
  • In re Succession of Boyter, 99-C-0761.
    • United States
    • Supreme Court of Louisiana
    • January 7, 2000
    ...... Supreme Court declared all of Act 147 of 1990 unconstitutional in Succession of Lauga, 624 So.2d 1156 (La.1993), and Succession of Terry, 624 So.2d 1201 (La.1993) . In response to these decisions, the legislature proposed an amendment in 1995 to Article XII, Sect. 5 of the Louisiana ......
  • Succession of Villarrubia
    • United States
    • Supreme Court of Louisiana
    • September 5, 1996
    ...... Two cases, Succession of Lauga, supra, and Succession of Terry, 624 So.2d 1201 (La.1993), were then pending in state court regarding this issue. .         On April 2, 1992, Mr. Orlansky wrote to Mr. ......
  • 28,663 La.App. 2 Cir. 9/27/96, Succession of Fragala
    • United States
    • Court of Appeal of Louisiana (US)
    • September 27, 1996
    ...... On the same day as it decided Succession of Lauga, supra, the Supreme Court also decided Succession of Terry, 624 So.2d 1201 (La.1993). There the decedent died after the amendments to art. 1493; the plaintiff, who was over 23 years of age, sought his ......
  • 96 0173 La.App. 1 Cir. 9/27/96, Morgan v. Leach
    • United States
    • Court of Appeal of Louisiana (US)
    • September 27, 1996
    ...and legislative acts abolishing forced heirship. In accordance with Succession of Lauga, 624 So.2d 1156, and Succession of Terry, 624 So.2d 1201 (La.1993), the trial court applied the law in effect prior to the unconstitutional statutory revisions and recognized the decedent's two children ......
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