Court awards heir's share based on gross estate value including testamentary legacies, rejecting deduction of debts.
Legislator summary
AI generatedThe court ordered the legatee to pay the plaintiff a specific sum representing his statutory heir's share. The plaintiff argued that as the sole statutory heir, he was entitled to half of the estate's value, while the defendant claimed the estate value should be reduced by the legacies already paid. The court ruled that under the Civil Code, legacies must be included in the gross estate value when calculating the heir's share and cannot be deducted as debts. Consequently, the court awarded the full calculated amount plus litigation costs to the plaintiff.
Legislator headnote
AI generatedArt. 991 k.c.; Art. 993 k.c.: When calculating an heir's share, the value of legacies and mandates made by the decedent must be included in the gross estate and cannot be deducted from the assets.