Succession of Mizell , 475 So. 2d 767 ( 1985 )


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  • 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.

Document Info

Docket Number: No. 85-C-1196

Citation Numbers: 475 So. 2d 767

Filed Date: 9/20/1985

Precedential Status: Precedential

Modified Date: 7/29/2022