No. 85-C-1196 Precedential Granted Processed

Succession of Mizell

Louisiana Supreme Court · Filed September 20, 1985 · 475 So. 2d 767

Also decided on this docket: La., October 21, 1985 477 So. 2d 94

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

GRANTED. The judgment of the First Circuit Court of Appeal, 468 So.2d 1371 , is reversed insofar as it orders payment of legal interest on the $160,000 cash legacy from the date of the trial court judgment. There has never been a judicial demand for delivery or to be placed in possession by the legatee, Sun United Methodist Church. Legatees are entitled to legal interest on the amount of their legacies only from date of judicial demand or voluntary delivery. Succession of Stallings, 197 La. 449 , 1 So.2d 690 (1941); LSA-C.C. art. 1626.