In re Succession of Lawrence

650 So. 2d 398, 1995 WL 35746
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1995
DocketNo. 94-977
StatusPublished
Cited by2 cases

This text of 650 So. 2d 398 (In re Succession of Lawrence) 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
In re Succession of Lawrence, 650 So. 2d 398, 1995 WL 35746 (La. Ct. App. 1995).

Opinion

1 YELVERTON, Judge.

The issue in this case is the ownership of two certificates of deposit and a N.O.W. account. The accounts were in Jonesville Bank & Trust Company, and were payable to Julius C. Lawrence or Henry D. Jones, Jr. After Julius Lawrence died in January 1993, Jonesville Bank & Trust Company deposited the three bank accounts, totalling $175,-061.64, into the registry of court, and provoked a concursus naming Jones as a defendant, as well as the deceased’s legal heirs, consisting of his brother Jack, two sisters, and three children of a deceased sister. In a separate proceeding, a succession was opened. Lawrence had no forced heirs but he left collateral heirs. The brother, Jack, was appointed administrator. A purported will, leaving “my property” to Henry D. Jones, Jr., deceased’s nephew, was placed in the succession record. The validity of the will was put at issue.

The succession issue and the concursus were consolidated and tried. The issue in the succession was the validity of the purported will. The issue in the concursus was the ownership ofjjthe money that had been in the accounts in the bank. The trial judge ruled that the will was invalid, and that this was therefore an intestate succession. In the concursus, the trial judge ruled that Henry D. Jones, Jr. had established his ownership of the funds by virtue of remunerative and onerous donations. Only the judgment declaring Jones the owner by virtue of remunerative and onerous donations is appealed. We affirm.

We give our reasons for judgment in the captioned case. A separate judgment is this date being handed down in Jonesville Bank & Trust Company v. Henry D. Jones, 650 [399]*399So.2d 401 (La.App. 3rd Cir.1995) (Our Docket No. 94-978). Our reasons for judgment follow.

To begin with, Lawrence wanted his nephew Jones to have his money. That much is certain. He manifested that wish many times throughout his life. The first time that he overtly declared that intention was in 1978, fifteen years before his death, when he went to the bank and gave instructions to make his nephew an alternate payee on all three accounts. The accounts were never drawn on. The interest and the accounts were allowed to roll over regularly. In 1991 he manifested that wish again by going to a notary public and getting his signature notarized on a piece of paper that contained some typing and some blank spaces filled in with his handwriting. In this document he indicated simply and without elaboration that he wanted his nephew to have his property. This instrument was not a last will and testament. It sorely lacked the required formalities. Its testamentary language had been typed in by someone else. It demonstrated two things, that at that moment, in 1990, he wanted his nephew to have his money, and that he had no understanding of the legal requirements of how to go about doing it. So, two overt acts, one in 1978 and another in 1990, stand out as evidence that Lawrence wanted Jones to have his money.

It is just as certain, from the evidence, that the gift was not a pure gratuity. Lawrence lived on a small farm in Grant Parish. He never married or had any children or adopted anyone. He and his nephew Henry Jones were always close. Lawrence was a solitary individual. His closest companion was his nephew Jones. All his life Jones and his uncle lived in homes about 50 yards apart in Georgetown, Louisiana. From the time Jones was in his early teens until his uncle’s death in 1993, he helped his uncle around the place. This service and assistance covered a period of 35 years. It was interrupted only once for a two year period while Jones was away in military service. |3When Jones was a young man Lawrence had one hundred head of cattle and Jones spent most of his time with his uncle helping with the cattle. After Lawrence sold his cattle in 1975, Jones continued to serve and assist his uncle by maintaining his land, his home, and his vehicles. It was in October 1978 that Lawrence made the changes in his bank accounts to name Jones as a payee. There was testimony that from then on, as his health worsened toward the end of his life, Lawrence depended on Jones increasingly for everything that required physical labor. By this time Jones was himself married and had children of his own. Jones went by the nickname of Dee. According to the testimony of L.M. Melton, a cousin to Lawrence and one of his closest friends, “Dee done it all.”

In written reasons for judgment the trial court found that Jones had provided his uncle with assistance in managing and maintaining a cattle operation, yard maintenance, truck and equipment maintenance, carpentry work, plumbing and electrical work, and running errands. The trial court further found that these services were valuable and appreciable and had been rendered over a period from 1958 until the deceased’s death in 1993. There was testimony regarding specific services down through the years, as much as could be remembered, and services that were rendered on a regular basis. The testimony assigned and explained values for each of these services. The trial judge found that Jones had proved a specific value of $172,205 for the services rendered. Concluding that his services were little inferior to the gift and that the value of the gift did not manifestly exceed the value of the owner’s charges imposed upon Jones, the trial judge found that Jones was the recipient of remunerative and onerous donations during the lifetime of Lawrence and that Jones was accordingly the owner of the money.

On appeal the basic argument by appellants is that there was no donation inter vivos because there was no proof that ownership of the money passed to Jones while Lawrence was still living. Appellants characterize this case as an attempted donation mortis causa which failed because it did not comply with the required testamentary formalities. We reject this argument. We find that the gift of the money constituted inter vivos remunerative and onerous donations.

[400]*400La.Civ.Code art. 1523 defines the three kinds of donations inter vivos:

There are three kinds of donations inter vivos:
The donation purely gratuitous, or that which is made without condition and merely from liberality;
UThe onerous donation, or that which is burdened with charges imposed on the do-nee;
The remunerative donation, or that the object of which is to recompense for services rendered.

The onerous and the remunerative donations are defined in the next two succeeding articles:

Article 1524. Onerous donation
The onerous donation is not a real donation, if the value of the object given does not manifestly exceed that of the charges imposed on the donee.
Article 1525. Remunerative donation
The remunerative donation is not a real donation, if the value of the services to be recompensed thereby being appreciated in money, should be little inferior to that of the gift.

The next article tells us that onerous and remunerative donations are not subject to the rules peculiar to donations inter vivos, except when the value of the object given exceeds by one-half that of the charges or of the services. La.Civ.Code art.

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Related

Tate v. Tate
180 So. 3d 429 (Louisiana Court of Appeal, 2015)
Jonesville Bank & Trust v. Jones
650 So. 2d 401 (Louisiana Court of Appeal, 1995)

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Bluebook (online)
650 So. 2d 398, 1995 WL 35746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-succession-of-lawrence-lactapp-1995.