Succession of Matthews
Succession of Matthews
Opinion of the Court
[«¡This is an appeal of a judgment sustaining an exception of peremption and dismissing the inheritance claims of alleged descendants claiming to be heirs of the decedent’s children who were born outside of marriage. We affirm.
FACTS
George Matthews died in 1930. More than seventy years later, alleged descendants came forward and filed pleadings into his succession proceedings seeking recognition as heirs of George Matthews. The alleged descendants generally contend that George Matthews fathered sixteen children born outside of marriage and that they descend from those children.
The administrator of George Matthews’ succession filed an exception of peremption asserting that the alleged descendants’ claims were perempted because they failed to bring a timely filiation action to establish their relationship to George Matthews. The trial court determined that the alleged descendants’ claims were subject to the peremptive period set forth in Louisiana Civil Code article 209, before it was replaced by Louisiana Civil Code article 197. Since none of the alleged descendants instituted a filiation action prior to the expiration of the grace period established for those affected by the enactment of the peremptive period, the trial court concluded that their claims had been extinguished by peremption and the alleged descendants had no legal status as hems to the succession of George Matthews. The alleged descendants now appeal the judgment sustaining the exception and dismissing their claims as heirs.
DISCUSSION
14When George Matthews died in 1930, Louisiana law classified children conceived and born out of marriage as illegitimate children.
It is undisputed that the claims of George Matthews’ illegitimate children and their heirs would have been barred under Article 209 when that article was enacted; therefore, they were required to bring a filiation action within the provided grace period. Because no filiation action was timely instituted, the trial court found the alleged descendants’ claims to be barred.
On appeal, the alleged descendants argue that the peremptive periods of Article 209 and the corresponding grace period either do not apply to them or should be extended based on principles of equity. They argue that their ancestors’ rights to inherit from George Matthews as his illegitimate children were not recognized until after his death, therefore, Article 209’s peremptive periods should not apply. We find no merit to this argument. The legislature’s intent that Article |fi209 would apply to such claims is evident by the enactment of the grace period, which not only provides a time period during which one who could not previously establish filiation
After a law is promulgated, each person is charged with knowledge of it. See La. Civ.Code art. 5; In re Succession of Young, 732 So.2d at 836. No one may avail himself of ignorance of the law. La. Civ.Code art. 5. Therefore, all of George Matthews’ living illegitimate children or their descendants were charged with notice of Article 209 and the grace period and that they could not establish filiation to George Matthews after September 12, 1982. Since no filiation action was brought within the grace period, filiation to George Matthews may not thereafter be established. 1981 La. Acts No. 720; see also In re Succession of Young, 732 So.2d at 835; Matter of Thomas, 450 So.2d at 1049.
The alleged descendants argue that no immovable property of George Matthews’ estate has been partitioned or sold to third parties; therefore, the grace period should be extended based upon the facts of this particular case. However, |7the legislature did not limit the applicability of the grace period to cases in which the estate had been partitioned or sold. The rules of statutory construction require the law to be applied as written if the law is clear and unambiguous and does not lead to absurd consequences. See La. Civ.Code art. 9; accord Successions of Watkins, 431 So.2d 25, 27 (La.App. 1 Cir. 1983).
The trial court correctly held that the alleged descendants’ claims are perempted and dismissed their inheritance claims. The alleged descendants have advanced several arguments both to the trial court and this court that relate to a 1972 judgment of possession rendered in the succession proceedings of George Matthews and Frances Taylor, which recognized certain other individuals as heirs. The trial court specified that its ruling was premised on its determination that the alleged descendants’ claims were perempted and not on the effect of the 1972 judgment. We find no error in that determination. The alleged descendants’ claims are perempted because filiation actions were not timely asserted. The 1972 judgment has no bearing on that conclusion.
CONCLUSION
For the foregoing reasons, the judgment of the trial court is affirmed. Costs of this appeal are assessed equally to the appellants.
AFFIRMED.
.The appellants are: 1) Descendants of alleged illegitimate children of George Matthews and Maria Owen (namely, Earl Brown and James Brown, Jr., et al.); 2) Descendants of Castina Matthews Poindexter, an alleged illegitimate child of George Matthews and Sally Ellis (namely, Kenney Maryland, Judy Maryland Gauche, Michael Maryland, Randolph Rollins, Kernall Maryland, and Donald Maryland); and 3) Descendants of alleged illegitimate children of George Matthews and Sally Ellis (namely, Melvin Poindexter, Will Coleman, Jr., and Herman Coleman).
. Louisiana law no longer classifies children as legitimate or illegitimate. See 2004 La. Acts No. 26.
. The Louisiana Supreme Court later clarified that Succession of Brown would be retroac
. The second grace period provided in Act 720 replaced the first one provided in Act 549 and gave unacknowledged illegitimates an additional year, or until September 12, 1982, to file filiation actions. Talbert v. Scott, 451 So.2d 1304, 1305 (La.App. 1 Cir. 1984).
. The 1972 judgment of possession is the subject of other claims in the succession proceedings brought by alleged descendants of George Matthews’ siblings and alleged descendants of George Matthews and Frances Taylor. The exception of peremption does not concern these two groups.
Concurring Opinion
concurring.
| ^though the result reached by the trial court, and affirmed by the majority, is legally correct, it is also woefully unfair. As the facts of this case demonstrate, application of the short legislative “grace period” in a case such as this one, i.e., where no immovable property of the estate has been partitioned or sold, serves no purpose whatsoever in furtherance of the purported goal of ensuring “stability of land title.” In my view, these stated purposes are not served by shutting out this group of heirs. However, we are required to apply the law as given, and we have done so herein. Thus, I concur in the result, which I agree is legally correct.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.