Sevier v. Douglas
Supreme Court of Louisiana
APPEAL from the Ninth District Court, Parish of Tensas. Young, J, The disposition by which the life estate, or usufruct, is given to one, and the fee or naked ownership to another, is not a substitution. A double disposition of heirs, depending upon a suspensive condition, does not present the features of a prohibited substitution.
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APPEAL from the Ninth District Court, Parish of Tensas. Young, J, The disposition by which the life estate, or usufruct, is given to one, and the fee or naked ownership to another, is not a substitution. A double disposition of heirs, depending upon a suspensive condition, does not present the features of a prohibited substitution. Succession Strauss, 38 An. 59. When the donation depends on the fulfilment of a condition, it is sufficient if the donee is capable of receiving at the moment the condition is accomplished. O. 0., Art. 1474. The word descend, in the English system, is always used…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiffs brought this suit to recover a tract of land described in their petition.
They allege that they are the children of Sarah H. Sevier, who died in 1891; that by a former marriage she was the wife of Arra Wilson, who died in 1833; at the time of his death he was the owner of the land claimed.
By his last will and testament he gave to his wife, who was their mother, by second marriage, a life estate in all his property. The will contains directions and conditions which have given rise to this litigation.
*607The testator bequeathed to his…
2Cited by7 opinions
- Hines v. HinesSupreme Court of Missouri · 1912
- Succession of HallSupreme Court of Louisiana · 1917
- Succession of RoderSupreme Court of Louisiana · 1908
- Sherwood v. New York Life Ins. Co.Supreme Court of Louisiana · 1928
- Pearce v. National Life & Accident Ins.Louisiana Court of Appeal · 1930
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