Through various procedures, the shares of three of the six children of Pierre Daniel Beauperthuy will go to one of his grandsons, Charles Daniel. By notarial deeds, he cedes in 1931 and 1932 all of these plots to his seven children.
112 years after the death of Pierre Daniel Beauperthuy, other heirs - in this case Charles Daniel's cousins - dispute the inheritance, specifically the lands of Charles Daniel.
Wishing to assert their rights, heirs (in France and in the United States) of Pierre Daniel Beauperthuy seized the tribunal de grande instance of Basse-Terre in April 1973. A first trial found in favor of the so-called Beauperthuy of Saint-Martin.
The others then appealed against this judgment, which was confirmed by the Basse-Terre Court of Appeal in February 1982.
The other heirs then appeal to cassation and will ultimately win their case. In April 1985, the Court of Cassation quashed and annulled the judgment of the Basse-Terre Court of Appeal. It also charges the Court of Appeal of Fort de France this time to share the patrimony of Pierre Daniel Beauperthuy between all the heirs.
In April 1987, the Court of Appeal of Fort de France ordered the division of the plots between the heirs and the auction of the undivided property.
The heirs of Saint-Martin appealed in cassation to annul the decision of the Court of Appeal of Fort de France. In July 1989, the Court of Cassation quashed and annulled the decision of the Court of Appeal of Fort de France “but only in that the Court of Appeal said that as of November 4, 1931, [the children of Charles Daniel] had the possibility of prescribing ownership on the part of their father on property which remains to be determined ”. The Court of Cassation has otherwise confirmed the division of the land between the heirs recognized by the judicial administrator and the licitation of these plots.
In other words, the lands of Pierre Daniel Beauperthuy are supposed to be collected to be shared between the heirs recognized by the judicial administrator and sold at auction in accordance with court decisions and cannot be sold individually. Plots have already been sold, the sales having been organized by the court of Basse Terre and some are contested in court.
(soualigapost.com)
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