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Terms Used In Louisiana Revised Statutes 9:2333

  • Bequest: Property gifted by will.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Inter vivos: Transfer of property from one living person to another living person.

Upon the date fixed for the said hearing, or upon any adjournment thereof, the district court shall hear evidence:

(1)  As to whether or not there are heirs in intestacy or legatees or donees within the State of Louisiana; provided, however, that the court shall not require more than reasonable efforts to determine the existence and presence of such heirs or legatees or donees.  

(2)  The terms of the original trust, devise, conditional bequest or donation inter vivos.  

(3)  The facts and circumstances which, in the opinion of petitioners, render impractical, impossible or illegal the literal compliance with the terms of such trust, devise, conditional bequest or donation inter vivos.  

(4)  The proposed method or methods of administration or expenditure of the property subject to the trust, devise, conditional bequest or donation in a manner which will most effectively accomplish, as nearly as practical under existing conditions, the general purpose thereof, without regard to and free from any specific restriction, limitation or direction contained therein.  

Acts 1954, No. 592, §3.  Amended by Acts 1970, No. 43, §1.