Title 84 — Title 84 — Wills and Succession

Words in a will referring to death or survivorship, simply, relate to the time of the testator's death, unless possession is actually postponed, when they must be referred to the time of possession. R.L. 1910, Sec. 8400. R.L.1910, § 8400.

A testamentary disposition to a class includes every person answering the description at the testator's death; but when the possession is postponed to a future period, it includes also all the persons coming within the description before the time to which the possession is postpo…

When a will directs the conversion of real property into money, such property and all its proceeds must be deemed personal property, from the time of the testator's death. R.L. 1910, Sec. 8402. R.L.1910, § 8402.

A child conceived before, but not born until after a testator's death, or any other period when a disposition to a class vests in right or in possession, takes, if answering to the description of the class. R.L. 1910, Sec. 8403. R.L.1910, § 8403.

If, when applying a will, it is found that there is an imperfect description, or that no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence; but evidence of the…

Testamentary dispositions, including devises and bequests to a person on attaining majority, are presumed to vest at the testator's death. R.L. 1910, Sec. 8405. R.L.1910, § 8405.

A testamentary disposition, when vested, cannot be divested unless upon the occurrence of the precise contingency prescribed by the testator for that purpose. R.L. 1910, Sec. 8406. R.L.1910, § 8406.

If a devisee or legatee dies during the lifetime of the testator, the testamentary disposition to him fails, unless an intention appears to substitute some other in his place, except as provided in Section 8922. R.L. 1901, Sec. 8407. R.L.1910, § 8407. R.L.1910, § 8407.

The death of a devisee or legatee of a limited interest, before the testator's death, does not defeat the interests of persons in remainder, who survive the testator. R.L. 1910, Sec. 8408. R.L.1910, § 8334.

A conditional disposition is one which depends upon the occurrence of some uncertain event, by which it is either to take effect or be defeated. R.L. 1910, Sec. 8409. R.L.1910, § 8409.

No executor of an executor, as such, has any power over the estate of the first testator. R.L. 1910, Sec. 8334. R.L.1910, § 8410.

A condition precedent in a will is one which is required to be fulfilled before a particular disposition takes effect. R.L.1910, § 8410.

Where a testamentary disposition is made upon a condition precedent, nothing vests until the condition is fulfilled except where such fulfillment is impossible, in which case the disposition vests, unless the condition was the sole motive thereof, and the impossibility was unknow…

precedent. A condition precedent in a will is to be deemed performed when the testator's intention has been substantially, though not literally complied with. R.L.1910, § 8412.

A condition subsequent is where an estate or interest is so given as to vest immediately, subject only to be divested by some subsequent act or event. R.L. 1910, Sec. 8413. R.L.1910, § 8414.

A devise or legacy given to more than one person vests in them as owners in common. R.L. 1910, Sec. 8414. R.L.1910, § 8414.

Advancements or gifts are not to be taken as ademptions of general legacies, unless such intention is expressed by the testator in writing. R.L. 1910, Sec. 8415. R.L.1910, § 8415.

Any will of a decedent dying after December 31, 1981, which contains a marital deduction formula expressly providing that the spouse of the testator is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law shall be construed as re…

The term "will," as used in this chapter, includes all codicils as well as wills. R.L. 1910, Sec. 8335. R.L.1910, § 8335.

When a person dies intestate, all his property, real and personal, without any distinction between them, is chargeable with the payment of his debts, except as otherwise provided in this code and under civil procedure. R.L. 1910, Sec. 8318. R.L.1910, § 8336.

Except as otherwise provided, the validity and interpretation of wills is governed, when relating to real property within this state, by the law of this state; when relating to personal property, by the law of the testator's domicile. R.L.1910, § 8336.

Those to whom property is given by will are liable for the obligations of the testator in the cases and to the extent prescribed by the chapter on civil procedure, or the statutes in such case made and provided. R.L. 1910, Sec. 8337. R.L.1910, § 8337.

Succession is the coming in of another to take the property of one who dies without disposing of it by will. R.L. 1910, Sec. 8416. R.L.1910, § 8416.

of court and possession of administrator. The property, both real and personal, of one who dies without disposing of it by will, passes to the heirs of the intestate, subject to the control of the district court, and to the possession of any administrator appointed by that court …

A. Prior to July 1, 1985, if any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, it descends and must be distributed in the following manner: First. If the decedent leave a surviving husband or wife, and …

Dower and courtesy are abolished. R.L. 1910, Sec. 8419. R.L.1910, § 8419.

For inheritance purposes, a child born out of wedlock stands in the same relation to his mother and her kindred, and she and her kindred to the child, as if that child had been born in wedlock. For like purposes, every such child stands in identical relation to his father and his…

If an illegitimate child, who has not been acknowledged or adopted by his father, dies intestate, without lawful issue, his estate goes to his mother, or, in case of her decease, to her heirs at law. R.L. 1910, Sec. 8421.

The degree of kindred is established by the number of generations, and each generation is called a degree. R.L. 1910, Sec. 8422. R.L.1910, § 8422.

The series of degrees from the line; the series of degrees between persons who descend one from the other is called direct or lineal consanguinity; and the series of degrees between persons who do not descend from one another, but spring from a common ancestor, is called the coll…

The direct line is divided into a direct line descending and the direct line ascending. The first is that which connects the ancestor with those who descend from him. The second is that which connects a person with those from whom he descends. R.L. 1910, Sec. 8424. R.L.1910, § 84…

succession, etc. - Definitions As used in this act, unless otherwise clearly required by the context: 1. "Beneficiary" means and includes any person entitled, but for his disclaimer, to take an interest, by intestate succession; by devise; by legacy or bequest; by succession of a…

In the direct line there are as many degrees as there are generations. Thus the son is, with regard to the father, in the first degree; the grandson in the second; and vice versa with regard to the father and grandfather toward the sons and grandsons. R.L. 1910, Sec. 8425. R.L.19…

In the collateral line the degrees are counted by generations, from one of the relations up to the common ancestor, and from the common ancestor to the other relations. In such computation the decedent is excluded, the relative included, and the ancestor counted but once. Thus br…

Kindred of the half-blood inherit equally with those of the whole blood in the same degree, unless the inheritance come to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestors must be excluded fr…

Any estate, real or personal, given by the decedent in his lifetime, as an advancement to any child or other lineal descendant, is a part of the estate of the decedent for the purposes of division and distribution thereof among his issue, and must be taken by such child, or other…

If the amount of such advancement exceeds the share of the heir receiving the same, he must be excluded from any further portion in the division and distribution of the estate, but he must not be required to refund any part of such advancement; and if the amount so received is le…

All gifts and grants are made as advancements, if expressed in the gift or grant to be so made, or if charged in writing by the decedent as an advancement, or acknowledged in writing as such, by the child or other successor or heir. R.L.1910, § 8430.

If the value of the estate so advanced is expressed in the conveyance, or in the charge thereof made by the decedent, or in the acknowledgment of the party receiving it, it must be held as of that value in the division and distribution of the estate; otherwise it must be estimate…

If any child or other lineal descendant receiving advancement, dies before the decedent, leaving issue, the advancement must be taken into consideration in the division and distribution of the estate, and the amount thereof must be allowed accordingly by the representatives of th…

Inheritance or succession by right of representation takes place when the descendants of any deceased heir take the same share or right in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of thei…

Aliens may take in all cases, by succession, as well as citizens; and no person, capable of succeeding under the provisions of this article, is precluded from such succession by reason of the alienage of any relative. R.L.1910, § 8434.

beneficiaries. A beneficiary may disclaim any interest in whole or in part, or with reference to specific parts, shares or assets thereof, by filing a disclaimer in the manner hereinafter provided. A guardian, executor, administrator or other personal representative of the estate…

Those who succeed to the property of a decedent are liable for his obligations in the cases and to the extent prescribed by the Probate Code. R.L.1910, § 8435.

by insurance of victim. No person who is convicted of murder in the first degree, murder in the second degree, manslaughter in the first degree, as defined by the laws of this state, or the laws of any other state or foreign country, of having taken, caused, or procured another t…

Whenever any person dies intestate leaving a surviving spouse, and there is among the assets of decedent's estate an automobile owned by said deceased, said automobile shall be and become the sole and exclusive property of said surviving spouse. If the deceased held title to more…

Such disclaimer shall be filed at any time after the creation of the interest, but in all events within nine (9) months after the death of the person by whom the interest was created or from whom it would have been received, or, if the disclaimant is not finally ascertained as a …

in real estate. Such disclaimer shall be effective upon being filed in the district court in which the estate of the person by whom the interest was created or from whom it would have been received is, or has been, administered or, if no probate administration has been commenced,…

determination - Appeal. The District Court having jurisdiction to settle the estate of any deceased person is hereby granted original jurisdiction to hear and determine the question of fact as to the heirship of such person, and a determination of such fact by said court shall be…

In all proceedings under this act to determine the question of heirship of any deceased person it shall be necessary for an heir of the decedent, or a record claimant of some interest in the estate of such decedent to file in the proper district court a verified petition, setting…