In re the Succession of Dangerfield

207 So. 3d 427, 2016 La.App. 1 Cir. 0293, 2016 La. App. LEXIS 1986
CourtLouisiana Court of Appeal
DecidedOctober 31, 2016
DocketNUMBER 2016 CA 0293
StatusPublished
Cited by1 cases

This text of 207 So. 3d 427 (In re the Succession of Dangerfield) 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 the Succession of Dangerfield, 207 So. 3d 427, 2016 La.App. 1 Cir. 0293, 2016 La. App. LEXIS 1986 (La. Ct. App. 2016).

Opinions

WELCH, J.

12Ezzard Bowman, in his capacity as the executor of the Succession of Joseph Dangerfield, appeals a judgment declaring that Bridgette Shropshire had been formally acknowledged by Joseph Dangerfield, the decedent, and recognizing her as an heir of Mr. Dangerfield. For reasons that follow, we affirm the judgment of the trial court.

BACKGROUND

Mr. Dangerfield died on September 8, 2003. Mr. Dangerfield’s succession was opened in August 2004, and Mr. Bowman, the natural son of Mr. Dangerfield, was subsequently appointed as the executor of the succession. Mr. Dangerfield’s widow, Edith Dangerfield, produced for probate a document dated October 30, 2002, which purported to be the last will and testament of Mr. Dangerfield; however, by judgment signed on April 8, 2014, the trial court determined that the document was not valid as the last will and testament of Mr. Dangerfield. Thus, the effect of the trial court’s judgment was that Mr. Dangerfield died intestate. See La. C.C. art. 880.

Thereafter, almost ten years after Mr. Dangerfield’s succession was opened, Ms. Shropshire filed a petition seeking to be recognized as an heir of Mr. Dangerfield.1 After a hearing, the trial court rendered judgment in favor of Ms. Shropshire declaring that she had been formally acknowledged by Mr. Dangerfield and that she be recognized as an heir of Mr. Dangerfield. See La. C.C. arts. 876 and 880. An amended judgment in conformity with the trial court’s ruling was signed on April 28, 2016, and it is from this judgment that Mr. Bowman has |sappealed,2 challenging the trial court’s determination that Ms. Shropshire had been formally acknowledged by Mr. Dangerfield.3

[429]*429LAW AND DISCUSSION

In intestate successions, the first class of intestate heirs is the descendant class. In re Succession of Loustalot, 2015-0631 (La.App. 1 Cir. 11/6/15), 183 So.3d 556, 558; see also La. C.C. arts. 880 and 888. Included among descendants are children born of the marriage, children that have been adopted, and children born out of wedlock whose filiation has been established, as well as descendants of them in the direct line. See La. C.C. art. 178, 179, and 3506(8); see also Loustalot, 183 So.2d at 558. Under the Louisiana Civil Code, there are three ways of establishing paternal filiation, or a legal relationship between a father and child: (1) the presumption of paternity due to a marriage to the mother (La. C.C. arts. 185, 186 and 195);4 (2) in the absence of a marriage, the presumption of paternity 14based on a formal acknowledgement by the father (La. C.C. art. 196); or (3) in the absence of a marriage between the parents or a formal acknowledgment, by the institution of a legal proceeding to prove filiation (La. C.C. art. 197).5 See also Loustalot, 183 So.2d at 558.

Pertinent to this appeal is the formal acknowledgement set forth in La. C.C. art. 196.6 Louisiana Civil Code article 196 provides, in pertinent part, that “[a] man may, by authentic act or by signing the birth certificate, acknowledge a child not filiated to another man;” such an “acknowl-edgement creates a presumption that the man who acknowledges the child is the father.”7 (Emphasis added.) “An authentic act is a writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each [430]*430notary public before whom it was executed.” La. C.C. art. 1833(A).

In this case, the trial court determined that Ms. Shropshire had been formally acknowledged by Mr. Dangerfield based on an Act of Donation Inter Vivos (“the act of donation”), which was executed in East Baton Rouge Parish before a notary 16and two witnesses on May 12, 2003.8 In the act of donation, Mr. Dangerfield “declared ... [t]hat Donee, [Ms.] Shropshire, is the daughter of [Mr. Dangerfield]” and that he was donating a particularly described piece of immovable property in East Baton Rouge Parish to Ms. Shropshire “in consideration of the love and affection that he bears for [Ms.] Shropshire.”9

In addition, the trial court relied on the factually similar case of Mayfield v. Mayfield, 511 So.2d 1285, 1286 (La. App. 2nd Cir. 1987), wherein the second circuit court of appeal addressed the issue of whether an authentic act of donation of immovable property could satisfy the requirements set forth in the civil code for a formal acknowledgement. In Mayfield, 511 So.2d at 1286, before the death of the decedent, Croford Mayfield, in 1977, the decedent and his legitimated daughter, Norma May-field, formally donated, by authentic act, a piece of real estate to James Mayfield in 1975, declaring therein that the donation was made “in consideration of the natural love and affection they have for their son and brother, respectively, James May-field.” The court determined that the 1975 donation from the decedent and his legitimized daughter satisfied, in form and in substance, the requirements for a formal acknowledgment set forth in former La. C.C. art. 203, which provided that “[t]he acknowledgement of an illegitimate child shall be made by a declaration executed before a notary public, in the presence of two witnesses, by the father and mother or either of them, or it may be made in the registering of the birth or baptism of such child.” Id. The court further stated that the absence of the word “acknowledgment” in the authentic act did not preclude a finding that Lthe authentic act was a formal acknowledgement. Id. Thus, the court held that the 1975 donation was legally sufficient as a formal acknowledgment under former La. C.C. art 203. Mayfield, 511 So.2d at 1286-1287.

Based on the holding in Mayfield and the authentic form of the act of donation wherein Mr. Dangerfield attested that Ms. Shropshire was his daughter, the trial court rendered judgment declaring that Ms. Shropshire had been formally acknowledged by Mr. Dangerfield and that she was entitled to be recognized as his heir. See La. C.C. arts. 876 and 880. On appeal, Mr. Bowman does not dispute that the act of donation meets the legal requirements of an authentic act under La. C.C. art. 1833(A); rather he contends that the substance of the authentic act of donation was insufficient to satisfy the legal requirements for a formal acknowledgement.

First, Mr. Bowman contends that the trial court ignored the requirements set forth in La. R.S. 9:392, which was enacted after the Mayfield decision in 1987. Mr. [431]*431Bowman argues that La. R.S. 9:392 sets forth substantive requirements for a formal acknowledgement, which are in addition to the requirements set forth in the civil code, and that the act of donation does not contain these additional substantive requirements.

As Mr. Bowman correctly points out, La. R.S. 9:392 was enacted after the decision in Mayfield, and the trial court’s reasons for judgment did not address this statute. See 1997 La. Acts, No. 1243, § 1 and 1998 La. Acts, 1st Ex. Sess., No. 6, § 1, eff. July 1, 1998. At the time of Mr. Bowman’s death,10 La. R.S. 9:392 provided:

A. Prior to the execution of a declaration of acknowledgment pursuant to [La. C.C. art.] 203,[11

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207 So. 3d 427, 2016 La.App. 1 Cir. 0293, 2016 La. App. LEXIS 1986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-succession-of-dangerfield-lactapp-2016.