Succession of Pratt

704 So. 2d 310, 97 La.App. 5 Cir. 580, 1997 La. App. LEXIS 2802
CourtLouisiana Court of Appeal
DecidedNovember 25, 1997
DocketNo. 97-CA-580
StatusPublished
Cited by1 cases

This text of 704 So. 2d 310 (Succession of Pratt) 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
Succession of Pratt, 704 So. 2d 310, 97 La.App. 5 Cir. 580, 1997 La. App. LEXIS 2802 (La. Ct. App. 1997).

Opinion

| iBOWES, Judge.

Appellants, Catherine Pratt Polit and Anne Martin Pratt, appeal the granting of a rule to show cause allowing the testamentary execu[311]*311tor of their father’s estate to distribute the property of that estate. For the following reasons, the judgment of the trial court is affirmed.

FACTS

George K. Pratt, IV died on April 29,1995. He left a will dated March 8,1995, which was probated by the court on May 5, 1995. Pursuant to the terms of the will, Philip Gensler was appointed Testamentary Executor of the Succession.

The decedent was survived by two daughters, Catherine Pratt Polit and Anne Martin Pratt. The will provided that Polit was to inherit the ^minimum forced portion as provided by Louisiana law. Furthermore the will specified which assets were to be used to fund the bequest. The will also provided that Anne Pratt was to be disinherited. Subsequently, it was recognized that the decedent’s disinherison was invalid and Pratt was recognized as a forced heir.

Gensler initially filed a Petition for First Homologation of Tableau of Distribution, seeking to pay debts of the succession. On August 13, 1996, Gensler filed a Petition for Second and Final Homologation of Tableau of Distribution.’ An opposition to that motion was filed by Catherine Pratt Polit on August 29,1996.

Gensler drafted a petition for possession, which was accepted by Ms. Pratt. Ms. Polit refused to accept the petition for possession. This petition was filed with the trial court. On December 3,1996, Anne Pratt filed an ex-parte motion to rescind her acceptance of the petition for possession.

A rule to show cause why the testamentary executor should not be authorized to distribute property of the estate as set out in the petition for possession was heard on December 17,1997. The trial court took the matter under advisement, and subsequently the court granted the rule to show cause. This appeal followed.

The decedent’s estate considered largely of securities, which have appreciated in value since the date of death. The main issue appears to be whether the forced heirs are entitled to only their portion of the estate ^valued as of the date of death, or whether they are also entitled to a portion of the increased value• occurring since the date of death.

Appellants present issues for consideration herein. Appellants allege:

(1) that the trial court erred in its classification of the legitime of Mrs. Polit as a particular legacy, instead of a legacy under universal title;

(2) it is alleged that the proposed distributions to the legatees offered by the executor are improper under the law; and

(3) it is alleged that the judgment is unclear with regard to the appellants’ entitlement to post-death appreciations in determining the value of their legitimes.

Appellee, Phillip Gensler, Jr. in his capacity as Testamentary Executor of the Succession of George K. Pratt, has filed an answer to the appeal, alleging that the trial court erred in ruling that the calculation of the legitime and the particular legacy of Catherine Pratt Polit is “subject to the increases and decreases of the succession during the interim period subsequent to this judgment.” Appellees argue that Mrs. Polit’s legacy is one under particular title and, therefore, she is not entitled to a share of the proceeds and interests derived from general succession assets. Instead, her legitime is subject only to increases and decreases attributable to the particular assets bequeathed to her in the will.

14CLASSIFICATION OF CATHERINE’S LEGACY

The decedent’s bequest to Catherine is set forth in his will in Article II, “Legitime Bequest”:

I leave to my daughter, Catherine Miles Pratt, the minimum amount of my estate that I am required by Louisiana law in effect at the time of my death to leave to her as her forced portion or legitime. I direct that my Executor fund this bequest with the following assets to the extent necessary: (1) my home, consisting of immovable property located at municipal address 1608 Hall Avenue, Metairie, Louisi[312]*312ana 70003, ... (2) my interest in three parcels of real estate located in Mississippi (two in Waveland and one in Diamond-head) and (3) automobiles and truck owned by me at the time of my death. If the value of the foregoing assets exceeds the forced portion of my Daughter, Catherine, the bequest shall be funded with sufficient undivided ownership in these assets, and the remaining undivided ownership shall be allocated to my remaining estate. If the value of these assets is not sufficient to fund the forced portion of my daughter Catherine, her forced portion shall be funded with these assets and with sufficient other assets from my estate determined in the sole discretion of the Executor. If Louisiana law at the time of my death does not require a legitime bequest, the foregoing bequest shall be null and void and such assets shall be part of my remaining estate.

This provision in testator’s will bequeathed to Catherine the minimum as required by Louisiana law and specified which particular assets were to fond the bequest. The enactment of La. C.C. art. 1493 in effect at the time of the testator’s death considered all children of the decedent, regardless of\ ¿their ages, as forced heirs.1 If the decedent left one child, that heir was entitled to one-fourth of the decedent’s estate; if he left more than one child, those heirs were entitled to one-half of the estate. La. C.C. art. 1495.

Pursuant to La. C.C. art. 1573, a testator may delegate to his executor the authority to select assets to satisfy the quantum or value of the legacy that he bequeaths to each of his legatees, if the testator has designated the quantum or value to which the legatee is entitled according to a formula or by specific sum.2 Where the legatee(s) are forced heirs, the testator’s bequest leaving him (them) the forced portion invokes the legal formula for the determination of the quantum to which they are entitled. Succession of Songne, 94-1198 (La.App. 3 Cir. 11/2/95), 664 So.2d 556.

La. C.C. art. 1606 provides that:

A universal legacy is a testamentary disposition, by which the testator gives to one or several persons the whole of the property which he leaves at his decease.

La. C.C. art. 1612 provides that:

The legacy, under a universal title, is that by which a testator bequeaths a certain proportion of|6the effects of which the law permits him to dispose, as a half, a third, or all his immovables, or all his movables, or a fixed proportion of all his immovables or of all his movables.

La. C.C. art. 1625 provides that:

Every legacy, not included in the definition before given of universal legacies and legacies under universal title, is a legacy under a particular title.

The appellants argue that the bequest to Mrs. Polit is a legacy under universal title, and not a particular legacy.

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Bluebook (online)
704 So. 2d 310, 97 La.App. 5 Cir. 580, 1997 La. App. LEXIS 2802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-pratt-lactapp-1997.