An heir must always maintain the estate's assets even before settlement

One person wrote several holographic wills (written, dated and signed by the hand of the author) contradictory. Each of the wills made revokes the precedent. The notary executed the last will conferring certain property on the designated legatee.

The beneficiary of the first will has initiated a lawsuit to have the last will annulled. The judges declared the first will valid and the subsequent ones were canceled because of the insanity of mind of the deceased. The beneficiary of the last will, who was eventually rejected, was obliged to return the property and was ordered to bear the cost of restoring it because he had not maintained it properly during his possession.

Indeed, since the latter was aware of the challenge to the estate, the Court of Cassation held that it should, as a precaution, ensure the proper maintenance of the property during its possession.