Succession of Harper

LE BLANC, Judge.

The question at issue in this case may be stated as follows: Is that part of the community property in which the interest of a first wife’s heirs attaches after her death, subject to the claim of the widow by a second marriage who is admittedly in necessitous circumstances ?

James Elmore Harper died in the early part of the year 1933. He had been married twice and from his first marriage there were born seven children who were all majors at the time of his death. There had been some property accumulated during the first marriage, all of which is recognized as property belonging…