Succession of Marshall

YARRUT, Judge.

This appeal involves the question whether an immovable acquired by the deceased wife (Effie Pecot Marshall) during her marriage, was acquired with her separate earnings while living separate and apart from her husband, before she obtained a divorce from him.

The contest is between a sister and sole testamentary heir and legatee of the deceased (appellant), and the surviving ex-husband, Joseph Marshall (appellee). The latter’s claim that the property belonged to the community existing between him and the deceased was allowed by the district court

There are certain facts which are…