960-1014L LEGAL OR INTESTATE substitution and no right of accretion takes
SUCCESSION place When the heir instituted is incapable of GENERAL PROVISIONS (960-962) succeeding, EXCEPT: in cases provided in this code What is a legal or intestate succession? Is that which is effected by operation of law What are the other causes of intestacy, other than in default of a will those enumerated under Art. 960? When there is preterition in the testator’s will Why is it that the designation made by the law of of one, or some, or all of the compulsory the persons who shall succeed the decedent, in heirs in the direct descending line; cases of legal or intestate succession, is When a testamentary disposition is subject considered as the presumed will of the decedent? to resolutory condition, and such condition is It proceeds on the principle, that if the fulfilled decedent had made a will, he would have When a testamentary disposition is subject provided, first, for his children or to a term or period, and such term or period descendants, second, for his parents or expires; ascendants, and third, for his collaterals. When a testamentary disposition is Human experience taught us, that if the impossible of compliance or is ineffective testator was able to execute a will, he would have provided for those persons, in the order What is the order of intestate succession? of succession provided for by law. In default of testamentary heirs, it is presumed that he would have provided: What is the most essential feature of legal or a. For the legitimate relatives intestate succession? b. For the illegitimate relatives It is the law which operated, not the will of c. For the surviving spouse the decedent. d. For the State. N.B: the order of intestate succession os When is there intestate succession? prescribed by law. Hence, any agreement or If a person dies without a will or with a void partnership contract entered into by the will, or one which has subsequently lost its parties cannot affect the hereditary rights, validity. which belong to the relatives of the deceased When the will does not institute an heir to, or predecessor-in-interst. dispose of all the property belonging to the testator. In such case, legal succession shall What is the “rule of preference between lines? take place only with respect to the property Those in the direct descending line shall of which the testator has not disposed. exclude in the succession those in the direct If the suspensive condition attached to the ascending and collateral lines, and those in institution of heir does not happen or is not the direct ascending line shall turn exclude fulfilled or if the heir dies before the testator, those in the collateral line or repudiates the inheritance there being no What is the rule of proximity? In every inheritance, whether testamentary or intestate, the relatives’ nearest in degree to the descendant
In Re: Us Bancorp Litigation, Also Known as U.S. Bank National Association Litigation James D. Koenig, on Behalf of Himself, and the Class of Similarly Situated Consumers Phillippa Saunders, on Behalf of Herself and Others Similarly Situated Barbara A. Mans Michael J. Mans, Individually, and on Behalf of a Class of All Others Similarly Situated Chris Somers, Individually, and on Behalf of a Class of All Others Similarly Situated Anne Bergman Kathryn Rosebear, on Their Own Behalf and on Behalf of All Others Similarly Situated Jane Korn Robert Madoff, on Their Own Behalf and on Behalf of All Others Similarly Situated Brent Johnson Bill Rooney, Individually, and on Behalf of a Class of All Others Similarly Situated Daniel P. Mallove Timothy Gaillard Cynthia Gaillard Mary Scalise, - N. Peter Knoll, Intervenor Anne Knoll, Intervenor William J. Lorence, Intervenor v. U.S. Bank National Association, Nd, Formerly Known as First Bank of South Dakota, N.A. Us Bancorp Insurance Services, Inc. Us
Proceedings (In Chambers) : Order Denying in Part and Granting in Part Plaintiff'S Motion For Reconsideration (62) and Denying As Moot Without Prejudice Defendant Diaz'S Motion To Dismiss