Disinherison definition

Disinherison





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2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Disinherison \Dis`in*her"i*son\, n. [See {Disinherit}, v. t.,
     and cf. {Disherison}.]
     Same as {Disherison}. --Bacon.
     [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:



  DISINHERISON, civil law. The act of depriving a forced heir of the 
  inheritance which the law gives him. 
       2. In Louisiana, forced heirs may be deprived of their legitime, or 
  legal portion, and of the seisin granted them by law, for just cause. The 
  disinherison must be made in proper form, by name and expressly, and for a 
  just cause, otherwise it is null. 
       3. The just causes for which parents may disinherit their children, are 
  ten in number. 1. If the child has raised his or her hand to strike the 
  parent, or if he or she has actually struck the parent; but a mere threat is 
  not sufficient. 2. If the child has been guilty, towards a parent, of 
  cruelty, of a crime, or grievous injury. 3. If the child has attempted to 
  take away the life of either parent. 4. If the child has accused either 
  parent of any capital crime, except, however, that of high treason. 5. If 
  the child has refused sustenance to a parent, having the means to afford it. 
  6. If the child has neglected to take care of a parent, become insane. 7. If 
  a child has refused to ransom them when detained in captivity. 8. If the 
  child used any act of violence or coercion to hinder a parent from making a 
  will. 9. If the child has refused to become security for a parent, having 
  the means, in order to take him out of prison. 10. If the son. or daughter, 
  being a minor, marries without the consent of his or her parents. Civil 
  Code, art. 1609-1613. 
       4. The ascendants may disinherit their legitimate descendants, coming to
  
  their succession for the first nine causes above expressed, when the, acts 
  of ingratitude, there mentioned, have been committed towards them, instead 
  of towards their parents; but they cannot disinherit their descendants for 
  the last cause. Art. 1614. 
       5. Legitimate children, dying without issue, and leaving a parent,. 
  cannot disinherit him or her, unless for the seven following causes, to wit: 
  1. If the parent has accused the child of a capital crime, except, however, 
  the crime of high treason. 2. If the parent has attempted to take the 
  child's life. 3. If the parent has, by any violence or force, hindered the 
  child from making a will. 4. If the parent has refused sustenance to the 
  child in necessity, having the means of affording it. 5. If the parent has 
  neglected to take care of the child when in a state of insanity. 6. If the 
  parent has neglected to ransom the child when in captivity. 7. If the father 
  or mother have attempted the life the one of the other, in which case the 
  child or descendant, making a will, may disinherit the one who has attempted 
  the life of the other. Art. 1615. 
       6. The testator must express in the will for what reason he 
  disinherited his forced heirs, or any of them, and the other heirs of the 
  testator are moreover obliged to prove the facts on which the disinherison 
  is founded, otherwise it is null. Art. 1616. Vide Nov 115 Ayl. Pand. B. 2, 
  t. 29; Swinb. art 7, 22. 
  
  

















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