Legal Opinion

Duclaud v. Rousseau

Supreme Court of Louisiana

Decided February 15, 1847PublishedCited by 2 opinions

APPEAL from- the Parish Court of New Orleans, Maurian, J. Éugenie Savary, the widow of one Joseph Savary, became a party to a marriage contract, executed on the 19 December,-1836, between the defendant and Joseph Rousseau, by which she made to her and her children a donation inteY vivos, as follows: “lo.

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APPEAL from- the Parish Court of New Orleans, Maurian, J. Éugenie Savary, the widow of one Joseph Savary, became a party to a marriage contract, executed on the 19 December,-1836, between the defendant and Joseph Rousseau, by which she made to her and her children a donation inteY vivos, as follows: “lo. Du droit d’habitation et d’usage, pendant sa vie et jusqu’au décés de la future épouse, et aussi pendant ía vie des enfants qui pourraient naítre du mariage des futurs époux, d’une maison briquetée entre poteaux, d’environ'23 pieds de face, sur 25 pieds de profondeur, que la dite veuve Savary…

1Opinion of the Court

The judgment of the court was pronounced by

Rost, J.

The widow of Joseph Savary intervened in the marriage contract between the defendant and her husband, and made a donation to the future wife and her children, of the right of habitation in a bouse in the city of New Orleans, and of certain rights of use of the town lot on part of which it is built, on .condition that, in case of the sale of the property by the donor, or of the death of said donor, those rights of use and habitation should cease to exist, and the donor, ox her succession., should, in either case, pay the future wife the sum of…

2Cited by2 opinions

  1. Fidelity Credit Co. v. WinkleSupreme Court of Louisiana · 1967
  2. Board of Com'rs v. New Orleans Public Service, Inc.Supreme Court of Louisiana · 1926

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