Succession of Malbrough

|2KUHN, Judge.

This is an appeal from a judgment denying plaintiff-in-rule full ownership of his legitime under La. C.C. art. 1499. We affirm.

I. ISSUE

The issue in this appeal is whether the usufruct granted to a surviving spouse is testamentary so as to permit a forced heir the right to receive his legitime in full ownership.

II. FACTS AND PROCEDURAL BACKGROUND

Charles Joseph Malbrough, Sr., died on March 3,1993. He was survived by his wife, Mary B. Malbrough (appellee herein) two sons and a granddaughter.2 Decedent’s last will and testament, dated January 7, 1992, was duly admitted to probate.…