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Wills, Trusts and Estates - Part 2

• A Louisiana state appeals court refused to recognize a provision in a last will and testament that attempted to bequeath the decedent's home to a church. The will left the decedent's home to a sister, and then provided that "in the event of my sister's death after mine … I do hereby bequeath said residence to the First Presbyterian Church" (of which the decedent had been a member). The court observed that "it is apparent that although the decedent intended to donate property to the church, she clearly attempted to do so in a prohibited fashion." The court quoted Article 1520 of the Louisiana Code in support of its ruling: "Substitutions are and remain prohibited …. Every disposition not in trust by which the donee, the heir, or the legatee is charged to preserve for and to return a thing to a third person is null, even with regard to the donee, the instituted heir, or ...

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Posted:
  • May 1, 1989