Estate of William Blake Burris - Page 11




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          and, therefore, no ‘incidents of ownership’ within Int. Rev.                
          Code, � 2042.”  Id. at 1062.  Furthermore, because in these                 
          circumstances the policy inured to the wife’s separate benefit              
          from the date of its issuance, the court additionally noted that            
          the wife’s separate interest was in no way affected by payment of           
          premiums from community funds.  Id. at 1060-1061.                           
               In reaching the specific holding just described, the Court             
          of Appeals also made the following broader statement:                       
               in Louisiana a life insurance policy is a contract sui                 
               generis, governed by rules peculiar to itself.  It is                  
               the outgrowth of judicial precedent and not of                         
               legislation, and, as such, it is not governed by the                   
               articles of the Louisiana Civil Code as to ownership of                
               the policy itself or as to ownership of the proceeds. *                
               * * [Id. at 1060.]                                                     
          As support for this proposition, the court cited Sizeler v.                 
          Sizeler, 127 So. 388 (La. 1930).  Therein the Louisiana Supreme             
          Court, after observing that “a life insurance policy is a                   
          contract sui generis, governed by rules peculiar to itself, the             
          outgrowth of judicial precedent and not of legislation”,                    
          concluded that “the proceeds of life insurance policies form no             
          part of the estate of the deceased, and inure to the beneficiary            
          ‘directly and by the sole terms of the policy itself’”.  Id. at             
          388-389.                                                                    
               Since 1969, this Court has on several occasions followed the           
          decision in Catalano v. United States, 429 F.2d 1058 (5th Cir.              
          1969), in requiring an interpretation of Louisiana law under                






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