Cited by
Opinions in Louisiana that cite Succession of Brown, 388 So. 2d 1151.
- Windward Land, LLC and Michael Morris Gulley versus Mary Lee Mann and William Lamont Frazier, Alvin Edwards and … La. Ct. App. 2d Cir. 2025
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In re Succession Santifer
256 So. 3d 1122
La. Ct. App. 2d Cir. 2018
Taking into account the retroactive application of Succession of Brown , [ (La.
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Succession of Byrd
142 So. 3d 1058
La. Ct. App. 2d Cir. 2014
1459 , 52 L.Ed.2d 31 (1977), and by the Louisiana Supreme Court in however, those rulings are given only limited retroactive effect to January 1,1975, the effective date of the Louisiana Constitution of 1974.
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Succession of Matthews
145 So. 3d 1039
La. Ct. App. 1st Cir. 2014
In the Louisiana Supreme Court declared that Article 919 was unconstitutional “in that it unreasonably discriminated against illegitimate children by denying them the same inheritance rights in the successions of their fathers, under any circumstances, as [were] enjoyed by their legitimate counterparts.” 3 Har
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SUCCESSION OF Jim HERNDON
36 So. 3d 434
La. Ct. App. 2d Cir. 2010
On September 3, 1980, however, the Louisiana Supreme Court’s opinion in was rendered.
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McConnell v. Dorsey
931 So. 2d 405
La. Ct. App. 2d Cir. 2006
Even though laws discriminating against illegitimates were declared unconstitutional by the United States Supreme Court in Trimble v. Gordon, supra, and by the Louisiana Supreme Court in those rulings are given only limited retroactive effect to January 1, 1975, the effective date of the Louisiana Constitution of 1974.
- Sudwischer v. Estate of Huffpauir 705 So. 2d 724 La. 1997
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Wheeler v. Louisiana Department of Transportation & Development
675 So. 2d 788
La. Ct. App. 1st Cir. 1996
(Supreme court gave limited retroactive effect to which declared unconstitutional La.Civ.Code art. 919.); (supreme court did not give retroactive application to their decision which declared La.Civ.Code art. 160 unconstitutional.)
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Magee v. Landrieu
653 So. 2d 62
La. Ct. App. 1st Cir. 1995
(Supreme court gave limited retroactive effect to which declared unconstitutional La.Civ.Code art. 919.); (supreme court did not give retroactive *66 application to their decision which declared La.Civ.Code art. 160 unconstitutional.)
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Pace v. STATE THROUGH LA. STATE EMP. RET. SYSTEM
648 So. 2d 1302
La. 1995
n of Bartie, (striking down provisions of forced heirship laws which excluded illegitimate children); (striking down Civil Code article which limited amount of a donation by a father to an illegitimate child to one-fourth of the father's property if the father was survived by legitimate descendants or siblings); (La.
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Succession of Marshall
638 So. 2d 272
La. Ct. App. 1st Cir. 1994
In the Louisiana Supreme Court affirmed a Court of Appeal holding that C.C.
- Sudwischer v. Estate of Hoffpauir 589 So. 2d 474 La. 1991
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Chatelain v. STATE, DOTD
566 So. 2d 156
La. Ct. App. 2d Cir. 1990
Between Levy (1968) and Louisiana law did not provide a prescriptive period or limit the time for proving filiation.
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Parker v. MacHen
567 So. 2d 739
La. Ct. App. 2d Cir. 1990
The judgment of possession, dated December 14, 1982, came over two years after the decision of which recognized the constitutional right of illegitimates to share in their parent's succession.
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Smith v. Cole
553 So. 2d 847
La. 1989
The Law Institute's proposals were intended to address the potential succession problems created by
- Tenneco Oil Co. v. Hines 535 So. 2d 855 La. Ct. App. 2d Cir. 1988
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Succession of Love
525 So. 2d 292
La. Ct. App. 1st Cir. 1988
518 , 58 L.Ed.2d 503 (1978); cert.
- Mayfield v. Mayfield 511 So. 2d 1285 La. Ct. App. 2d Cir. 1987
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Turner v. Rochelle
490 So. 2d 633
La. Ct. App. 2d Cir. 1986
2d Cir. 1980), aff., Cf., Malek v. Yekani-Fard, supra.
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Sibley v. Bd. of Sup'rs of Louisiana State University
477 So. 2d 1094
La. 1985
1979); instead, opting for a uniform standard of judicial review which all legislation is to be judged under (a substantial furtherance of a legitimate "state purpose" test).
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Succession of Bartie
472 So. 2d 578
La. 1985
After trial on the merits, [2] the trial court, relying on this Court's decisions in and Succession of Clivens, On Rehearing, ruled that La.C.C.
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Succession of Grice
462 So. 2d 131
La. 1985
[6] Hence, in (1980), this court held unconstitutional La.Civ.
- Lee v. Succession of Chapman 463 So. 2d 896 La. Ct. App. 2d Cir. 1985
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Minor v. Robertson
461 So. 2d 509
La. Ct. App. 1st Cir. 1984
The trial court based its decision on and
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In Re Succession of Gordon
461 So. 2d 357
La. Ct. App. 2d Cir. 1984
The children of the decedent and Elizabeth, as illegitimates, were not entitled to inherit any of decedent's property under the authority of and
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Succession of Alexander
460 So. 2d 19
La. Ct. App. 1st Cir. 1984
518 , 58 L.Ed.2d 503 (1978)
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Succession of Landry
460 So. 2d 29
La. Ct. App. 1st Cir. 1984
Appellant urges that this article provides additional remedies for illegitimate children and that therefore, the Louisiana Supreme Court's holding in on rehearing, that the would only be retroactive to January 1, 1975, is inapplicable to the instant suit.
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Talbert v. Scott
451 So. 2d 1304
La. Ct. App. 1st Cir. 1984
In 1980, in the wake of the Legislature passed Act 549, amending LSA-C.C.
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In the Matter of Thomas
450 So. 2d 1048
La. Ct. App. 1st Cir. 1984
Time limitations on the right to bring such a suit were enacted as a result of the Louisiana Supreme Court's decision in (La.
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Juneau v. Alexander
446 So. 2d 533
La. Ct. App. 1st Cir. 1984
Although the Louisiana Supreme Court has found Article 919 unconstitutional, that decision was only given retroactive application to January 1, 1975.
- Shorts v. Daniel 447 So. 2d 522 La. Ct. App. 2d Cir. 1984
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Farrar v. Kelly
440 So. 2d 939
La. Ct. App. 2d Cir. 1983
App. 2d Cir.1980), which was affirmed by the supreme court in September 1980
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Agee v. Bolton
438 So. 2d 709
La. Ct. App. 1st Cir. 1983
Article 919, which excluded acknowledged illegitimates from participating in the succession of their father when the latter was survived by designated parties, was declared unconstitutional in
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Succession of Bartie v. Mouton
434 So. 2d 619
La. Ct. App. 1st Cir. 1983
In Clivens, the court was called upon to decide whether the decision in should be applied retroactively or prospectively.
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Jordan v. Cosey
434 So. 2d 386
La. 1983
Succession of Clivens, supra ; Succession of Thompson, supra ; (La.
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Davis v. Ardoin
435 So. 2d 473
La. Ct. App. 1st Cir. 1983
Subsequent to the signing of the judgment, in September, 1980, Louisiana Civil Code Article 919 was declared to be unconstitutional by the Louisiana Supreme Court in
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Succession of Toca
433 So. 2d 1122
La. Ct. App. 1st Cir. 1983
holds that Succession of Brown [ ], holding La.C.C.
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In re Successions of Watkins
431 So. 2d 25
La. Ct. App. 1st Cir. 1983
The only issue presented on this appeal is whether the Louisiana Supreme Court case of can be applied retroactively to the facts of this case to allow the Hardy heirs to inherit from Washington Hardy.
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Parish of East Baton Rouge v. Burrell
429 So. 2d 226
La. Ct. App. 1st Cir. 1983
In the case of *228 (rehearing denied, Oct.
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In the Matter of Succession of Theriot
428 So. 2d 1017
La. Ct. App. 1st Cir. 1983
In the Supreme Court affirmed the holding of the Second Circuit that La.Civ.
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In the Matter of Succession of Hawkins
429 So. 2d 194
La. Ct. App. 1st Cir. 1983
Art. 209 to mean that unacknowledged illegitimate children had until September 11, 1982, to file a filiation action [2] in order to take advantage of the retroactive application which they had given to cert.
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In the Matter of Succession of Levy
428 So. 2d 904
La. Ct. App. 1st Cir. 1983
art. 919 [1] was declared unconstitutional by the Louisiana Supreme Court in and since the heirs under the March 9, 1978 judgment had not been placed in possession of their legitime, it would allow the various parties the right to attempt to establish that they were the acknowledged illegitimate children of Theodore Julius Levy.
- Succession of Clivens 426 So. 2d 585 La. 1983
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Jones v. Batiste
427 So. 2d 17
La. Ct. App. 1st Cir. 1983
In the case of the court held that C.C.
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Blackshire v. Thorne
427 So. 2d 623
La. Ct. App. 1st Cir. 1983
4th Cir.1981), apparently concluded that the child would have no rights in the succession even were he to prove filiation because that case held that the rights of illegitimates recognized in were to be of prospective application only.
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Succession of Payne v. Payne
426 So. 2d 1355
La. Ct. App. 3d Cir. 1983
The issues presented by this appeal are (1) whether the Louisiana Supreme Court's decision in declaring LSA-C.C.
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Scott v. Seraphine
427 So. 2d 498
La. Ct. App. 1st Cir. 1983
The issue is the retroactive application of
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Harlaux v. Harlaux
426 So. 2d 602
La. 1983
In we affirmed a Court of Appeal, judgment holding that La.C.C.
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Succession of Trosclair
423 So. 2d 745
La. Ct. App. 1st Cir. 1982
Two alleged acknowledged illegitimates appeal the dismissal of their petitions seeking recognition of heirship based on which declared LSA-C.C.
- Malek v. Yekani-Fard 422 So. 2d 1151 La. 1982