Succession of Anderson

91 So. 2d 8, 231 La. 195, 1956 La. LEXIS 1515
CourtSupreme Court of Louisiana
DecidedNovember 5, 1956
DocketNo. 42509
StatusPublished
Cited by3 cases

This text of 91 So. 2d 8 (Succession of Anderson) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Succession of Anderson, 91 So. 2d 8, 231 La. 195, 1956 La. LEXIS 1515 (La. 1956).

Opinion

FOURNET, Chief Justice.

The plaintiffs, Mrs. Doris Anderson Maggio and Mrs. Rae Anderson Vallery,1 are appealing from a judgment dismissing their alternative demand2 against their brother, Robert Lee Anderson, for collation alleged[197]*197ly due because of advantages which their father, George Anderson,3 bestowed upon the defendant in two certain sales of real estate in the Parish of East Feliciana at a very low price — one, by deed of February 2, 1940, where he conveyed 20 acres of land of the value of $1,000 for $100, and the other, by deed of March 3, 1949, where he conveyed 565 acres of land, of the value of $56,500, for a recited consideration of $12,-000, represented by a note payable in annual installments of $1,500 each.

The record shows that the defendant bought the 20 acre tract in 1940 and built his home thereon; and that he began negotiations with his father for the purchase of the 565 acre farm in 1944 or 1945. Due to the shortage of labor during the war years, that acreage had fallen into a condition of neglect, to the extent that the open land, usually farmed or used as pasture land, had grown up in briars, there were washouts, and fences were broken or destroyed. In December of 1945 the defendant and his father came to an agreement that the defendant would buy the place; but inasmuch as he did not have enough money to purchase equipment and also make a down payment, it was agreed that he would take over the place and start the work of clearing and putting it in good condition, until such time as his financial condition improved. Acting on that understanding, the defendant quit his job with Standard Oil Company in February, 1946, and took complete charge of the farm. He began the work of clearing and improving it, built fences and started farming portions of the land. In conversation between the defendant and his father about the price he would pay for the farm, the defendant was informed of an offer to purchase the place for $30,000 — which offer was declined by the father because of the previous negotiations that had taken place between him and his son. Since the defendant did not wish to be burdened with the interest on a large unpaid balance, it was agreed between him and his father, a large portion of the value of the property being in timber, that the timber should be sold and the purchase price reduced accordingly. Thereupon, through defendant’s efforts, $3,260 was received for some of the timber and later, on November 2, 1948, $12,000 worth of timber was sold. Approximately four months afterward the sale to the defendant was consummated; and although the deed recites a consideration of $12,000, actually, as the record shows, $2,000 more was paid, and that in cash, on the day of the sale, and was divided by the father among his four children. When this suit was filed the open or farming land was in excellent condition, and the whole property gave evidence of care. A barn had been built, the soil had been improved, stumps had been removed, fences had been constructed, washouts and [199]*199erosion had been corrected, and the land had been cleared and cleaned.

‘Collation is the return to a succession of property which was received by a descendant heir “in advance of his share or otherwise,” in order that such property may be divided along with the remainder of the succession mass. The purpose of collation is to secure equality among children and other lawful descendants who divide among them the succession of their ancestor; and the obligation of collating comes about because of the presumption, unless expressly negated, that what was given by the ancestor to the descendants was intended merely as an advance of what they might one day inherit from his succession. Articles 1227, 1229, Louisiana Civil Code, LSA. “The advantage which a father bestows upon his son, though in any other manner than by donation or legacy, is likewise subject to collation. Thus, when a father has sold a thing to his son at a very low price, * * Article 1248, Louisiana Civil Code, LSA.

The question for our consideration on this appeal therefore is: What constitutes a “very low price” ?

This Court held in the early case of Montgomery v. Chaney, 13 La.Ann. 207, that “where there is a price actually paid exceeding one-fourth of the value of the property sold) but much below its fair value,” the law compels the purchaser-forced heir to collate. The value must be “proved with reasonable clearness and certainty.” See, also, Bossier v. Vienne, 12 Mart., O.S., 421; Succession of Lamotte, 110 La. 42, 34 So. 122; Gonsoulin v. Gonsoulin, 132 La. 737, 61 So. 774; Steen v. Louisiana Cent. Lbr. Co., 2 La.App. 39; Berthelote v. Berthelote, La.App., 24 So.2d 191. And, as pointed out in the case of Taylor v. Brown, 223 La. 641, 66 So.2d 578, the criterion by which we are to be guided in deciding whether a property has been sold much below its fair value is the price the property would have brought if placed for sale on the market at the time of the transfer.

The trial judge, who knows the parties to this suit as well as the properties which were sold to the defendant, resolved the issue of proof against the plaintiffs, and after a careful study of the record we are convinced of the correctness of his conclusion.

The only .evidence offered by the plaintiffs in support of their contention that their brother received an advantage from their father in the sale of these two properties was the testimony of two experts from Baton Rouge, neither of whom had any knowledge of the condition of the properties at the time of the sales. They failed to introduce any evidence to establish the market value for comparable property, nor did they offer any evidence of sales of simi[201]*201lar property that took place in the Parish of East Feliciana at the time of the sales to the defendant.

The first witness who testified for the plaintiff was Mr. John P. Brashear. According to his testimony he is a real estate broker whose occupation was appraising property and estimating timber, having had about 45 or 50 years’ experience. He estimated the value of the 565 acre tract, in 1949, at $30,250. In arriving at that estimate he placed a value of $80 an acre on 200 acres fronting on the Plank Road, $50 an acre on 165 acres fronting on the State road, and $30 per acre for the remaining acreage which is without frontage on any road. He also estimated the 20 acre tract, purchased in 1940, at $30 an acre.

Clearly, this witness’ appraisals were mere conclusions without basis therefor. While he did venture the opinion that because a large segment of the land fronts on Plank Road, it could be cut into small tracts and used for residential or commercial purposes, that opinion was not based on any established market value for such properties at the time of the sales in question, nor did the plaintiffs show that there was such a market in existence. Consequently, the witness’ testimony as to the value of this farm land, most of which was cut over timber land, is of very little probative worth. The same may be said of-his valuation of the 20 acre tract purchased by the defendant in 1940. The witness estimated from a glance at the property from the road, fifteen years after the sale took place, without any knowledge of the condition in which it was at the time of the purchase, and without any other basis for his opinion, that in 1940 it had a value of $30 an acre.

The other witness, Mr. R. D.

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Bluebook (online)
91 So. 2d 8, 231 La. 195, 1956 La. LEXIS 1515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-anderson-la-1956.