Succession of Lambert

(dissenting from the court’s overlooking a certain rule of statutory construction).

A fundamental rule of statutory construction, which is overlooked in the prevailing opinion in this case, is that, when the highest court of a state places its construction upon a statute of the state the construction becomes a part of the statute; so that, if the statute, after being interpreted by the highest court, is re-enacted without any material change, the presumption is that the Legislature intends that the same interpretation shall be given to the statute as re-enacted. La Selle & Brother v.…