Adams v. Carter

393 So. 2d 253
CourtLouisiana Court of Appeal
DecidedApril 6, 1981
Docket13656-13658
StatusPublished
Cited by7 cases

This text of 393 So. 2d 253 (Adams v. Carter) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Carter, 393 So. 2d 253 (La. Ct. App. 1981).

Opinion

393 So.2d 253 (1980)

Quincy ADAMS, Executor of the Succession of B. J. Adams
v.
Floyd CARTER, Executor of the Succession of Winnie Carter Adams (3 Cases).

Nos. 13656-13658.

Court of Appeal of Louisiana, First Circuit.

November 10, 1980.
Rehearing Denied January 26, 1981.
Writ Refused April 6, 1981.

*254 Robert L. Henderson, Jr., Slidell, for plaintiff.

John N. Gallaspy, Bogalusa, for defendant.

Before ELLIS, COLE and WATKINS, JJ.

COLE, Judge.

The issue in this appeal is whether or not the trial court erred in awarding the Succession of B. J. Adams $10,675.00 for onehalf of the enhanced value of certain separate property belonging to the Succession of Winnie Carter Adams. At trial three cases concerning various claims by the estate of B. J. Adams against the estate of Winnie Adams were consolidated. We are concerned here with only one of these suits.

The pertinent facts are as follows: B. J. Adams and Winnie Carter were married in June of 1957; each had been previously married. The couple moved to the forty acre tract of land owned by Winnie Carter Adams. On the land were various improvements such as a house, several barns and various outbuildings. In subsequent years all buildings except one barn were torn down and rebuilt, including the house. B. J. Adams died on December 7, 1975 and Winnie Adams died on May 11, 1977.

On October 24, 1978, Quincy Adams, as executor of the succession of B. J. Adams, filed suit against Floyd Carter, executor of the succession of Winnie Carter Adams, claiming the B. J. Adams' estate was entitled to one-half of the enhanced value of Winnie Adams' separate property. The claim was based upon the theory that Mrs. Adams' separate estate had been enhanced by community funds and labor, therefore B. J. Adams was entitled to reimbursement under La.Civil Code art. 2408.[1],[2] [It is undisputed that the improvements placed upon the separate land of one spouse belong to the owner of the land. Fontenot v. Fontenot, 339 So.2d 897 (La.App. 3d Cir. 1976), writ denied 342 So.2d 217, 1977.] The trial judge found the value of the improvements to be $21,350.00 and awarded half of this amount to the succession of B. J. Adams. The Winnie Adams' succession has appealed.

Appellant contends the trial court erred in three instances. The first issue is whether or not the trial court erred in ruling that La.R.S. 13:3721 did not apply to the claim at hand and therefore allowed parol evidence to be admitted. The second issue is, assuming the propriety of the parol evidence, whether or not the judge erred in granting an award for the enhanced value of the property without first ascertaining its value at the commencement of the community. The third issue is whether or not the amount of the award was accurate.

APPLICABILITY OF THE "DEAD MAN'S STATUTE"

Appellant contends that because the suit for reimbursement was filed more than one *255 year after Winnie Adams' death, no parol evidence should have been admitted to prove the claim for reimbursement. The applicable statute is La.R.S. 13:3721 (commonly referred to as the "dead man's statute") which reads in part as follows:

"Parol evidence shall not be received to prove any debt or liability of a deceased person against his succession representative, heirs, or legatees when no suit to enforce it has been brought against the deceased prior to his death, unless within one year of the death of the deceased:"

The article then lists four particular actions, one of which must be taken within one year of the death of the deceased. There is no contention by the appellee that any one of these actions were taken. Winnie Carter died on May 11, 1977 and no formal claim was made until suit was filed on October 24, 1978, more than one year later.

In his written reasons for judgment the trial judge found La.R.S. 13:3721 was not applicable to this claim for reimbursement. We agree with the trial judge's conclusion that the purpose of the "dead man's statute" is to prevent fraudulent and stale claims which the deceased could have refuted if alive. Taylor v. Bocock, 276 So.2d 347 (La.App. 2d Cir. 1973), writ denied 279 So.2d 205, 1973; In Re Ford's Succession, 91 So.2d 71 (La.App. 1st Cir. 1956), writ denied 1957. The judge noted that the Third Circuit has explicitly held that the statute was limited to cases where a person was claiming a "debt" against the deceased party, and therefore had refused to apply the statute to a case involving a delictual obligation. Honeycutt v. Indiana Lumbermens Mutual Insurance Co., 130 So.2d 770 (La.App. 3d Cir. 1961), writ denied 1961.

The trial judge in the present case stated:

"In one sense, the claim against the Succession of Winnie Carter Adams is on a debt or obligation. Clearly, this Succession is obligated to the Succession of B. J. Adams for one-half of the increase or amelioration of Winnie Carter Adams' property brought about by the common labor, expense or industry during the community that existed between B. J. Adams and Winnie Carter Adams. But this debt is not based on a promise or a service or any other transaction of a contractual nature.
"It is an obligation established by law. Its very nature obviates the likelihood of fraud."

Indeed, a survey of the cases interpreting the "dead man's statute" reveals the cases unanimously deal with conventional obligations such as promises to pay fees for services, obligations to repay loans and commitments to make donations. None of the cases deal with a claim that arises by law, such as the claim for reimbursement under La.Civ.Code 2408.

Appellant heavily relies on the case of Alexander v. Bates, 206 So.2d 763 (La.App. 1st Cir. 1968) for the proposition that the parol should not have been allowed in the instant case. We agree with the trial judge's conclusion that although Alexander deals with a claim for reimbursement for improvements its facts make it totally inapplicable to the present situation. The defendant, Bates, was evicted from property claimed to be owned by the heirs of Alexander. As an alternative defense to the eviction suit, Bates claimed that Mr. Alexander had granted him permission to build a dwelling, therefore he was entitled to be reimbursed for the costs of the improvements. The court correctly ruled the "dead man's statute" prevented any parol evidence to show the deceased had consented to Bates' occupying the land. Obviously, the possibility of fraud was great in that the right to reimbursement hinged solely on the issue of whether or not Alexander had consented to Bates' building of the dwelling. In the present case there is no issue as to consent. Mr. Adams' right to reimbursement is not based upon Mrs. Adams' consent but is instead established by law. La. Civ.Code art. 2408.

Indeed, the parol evidence was not used to establish the existence of the debt or obligation, but only to establish the value and the extent of the claim. This same distinction was made in Succession of Bonnette, *256 188 La. 297, 176 So. 397 (La.1937), rehearing denied 1937. Bonnette dealt with the predecessor of La.R.S. 13:3721, Act. No. 11 of 1926, sec. 1. In Bonnette,

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Cite This Page — Counsel Stack

Bluebook (online)
393 So. 2d 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-carter-lactapp-1981.