Legal Opinion

Melancon's Widow v. His

Supreme Court of Louisiana

Decided December 15, 1833PublishedCited by 8 opinions

APPEAL PROM THE COURT OP PROBATES OP THE PARISH OP ASCENSION. Narcisse Landry, as testamentary executor of the late Paulin Melancon, rendered his account to the Court of Probates for the parish of Ascension, praying that all parties interested might be cited, that his account might be homologated, the payments be made in accordance therewith, and he be discharged.

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APPEAL PROM THE COURT OP PROBATES OP THE PARISH OP ASCENSION. Narcisse Landry, as testamentary executor of the late Paulin Melancon, rendered his account to the Court of Probates for the parish of Ascension, praying that all parties interested might be cited, that his account might be homologated, the payments be made in accordance therewith, and he be discharged. Adelaide Denous, widow of the testator, opposed the homologation of the account, because she had not been placed thereon for the fourth of the testator’s property; she having brought no dowry, and he having died rich and childless,…

1Opinion of the CourtMartin, J.

The widow complains of the judgment before us, because the court compelled her to suffer the deduction of a legacy left to her by her husband, from the marital portion of his estate, to which she successfully urged her claim. The executor complains of the judgment also, because it supports the claim to the marital portion.

As if this court be of opinion that the marital portion ought not to have been allowed, it will not be necessary to inquire whether the legacy was properly deducted, it is best to examine at first, the validity of the claim to the marital portion.

It is grounded on the La.…

2Cited by8 opinions

  1. Dupuy v. DupuySupreme Court of Louisiana · 1900
  2. Succession of PiffetSupreme Court of Louisiana · 1887
  3. Taylor v. TaylorSupreme Court of Louisiana · 1938
  4. Smitherman v. SmithermanLouisiana Court of Appeal · 1970
  5. Succession of AndrusSupreme Court of Louisiana · 1937

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