Succession of Mizell

Supreme Court of Louisiana

Succession of Mizell

475 So. 2d 767

CourtSupreme Court of Louisiana

DecidedSeptember 20, 1985

DocketNo. 85-C-1196

StatusPublished

This text of 475 So. 2d 767 (Succession of Mizell) 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 Mizell, 475 So. 2d 767 (La. 1985).

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Opinion

GRANTED.

The judgment of the First Circuit Court of Appeal, 468 So.2d 1371, is reversed insofar as it orders payment of legal interest on the $160,000 cash legacy from the date of the trial court judgment. There has never been a judicial demand for delivery or to be placed in possession by the legatee, Sun United Methodist Church. Legatees are entitled to legal interest on the amount of their legacies only from date of judicial demand or voluntary delivery. Succession of Stallings, 197 La. 449, 1 So.2d 690 (1941); LSA-C.C. art. 1626.

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GRANTED.

The judgment of the First Circuit Court of Appeal, 468 So.2d 1371, is reversed insofar as it orders payment of legal interest on the $160,000 cash legacy from the date of the trial court judgment. There has never been a judicial demand for delivery or to be placed in possession by the legatee, Sun United Methodist Church. Legatees are entitled to legal interest on the amount of their legacies only from date of judicial demand or voluntary delivery. Succession of Stallings, 197 La. 449, 1 So.2d 690 (1941); LSA-C.C. art. 1626.

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Bluebook (online)

475 So. 2d 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-mizell-la-1985.

Opinion

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