Jn Marie v Marie et Al
Jurisdiction | St Lucia |
Judge | Manning, J. |
Judgment Date | 17 July 1959 |
Neutral Citation | LC 1959 HC 10 |
Court | High Court (Saint Lucia) |
Date | 17 July 1959 |
Docket Number | No. 34 of 1959 |
Supreme Court of the Windward and Leeward Islands. (Civil Jurisdiction)
Manning, J.
No. 34 of 1959
V. A Cooper for plaintiff
D. B. James for defendantsc
Real property - Ownership — Whether property of deceased was in community of property
Facts: The plaintiff was the illegitimate son of the deceased testator. By his will the deceased left the plaintiff a certain portion of land. The plaintiff was at that time married in community of property. The issue was whether the property devised was in community of property or whether the deceased's children were entitled to a share in the property.
Held: The four children of the deceased had established their right to a share in the property. Judgment given for the defendants.
The plaintiff is the illegitimate son of one Louis Jean Marie, who died on 17 th September 1934. By his Will, Louis Jean Marie left to the plaintiff certain land at Forestiere. The plaintiff was at that time married in community of good. His wife died on the 3 rd June 1957. There were eight children of marriage.
The plaintiff claims that he is the sole owner of the land. Four of his children, Flora, Anastasie, Herbert and Louis dispute this claim; and, since the death of their mother, assert that they are, as heirs at law to their mother, owners of an undivided one-eighth share each in the land. They have made gardens on the land and have refused to quit when requested by the plaintiff. The latter has brought this action against them to establish his right as sole owner.
The issue is therefore whether the property devised to the plaintiff by the Will of Louis Jean Marie fell into the community. Mr. Cooper, for the plaintiff, argued that it did not. He refers to Articles 1193, 1195 and 1196 of the Civil Code. Under Article 1193, property acquired subsequently to the marriage by succession or other equivalent title does not fall into the community. He lays stress on the words “equivalent title”, they, arc repeated in Article 1195. Article 1196 makes a special reference to legacies, and lays down that, if they are received from an ascendant of either of the consorts, they are deemed to be acquired under a title equivalent to succession and to be the private property of the consent entitled to inherit. He argued that, as the plaintiff's father recognized the plaintiff as his illegitimate son and devised him property, the father must be deemed an ascendant; the plaintiff...
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