Paline v. Heroman

KENNON, Justice.

The judgment appealed from rests on an interpretation of Article 1022 of the Revised Civil Code.

Joseph Paline died intestate, leaving his widow and their two sons, Paul and Emile, and certain community property, title to part of which is at issue in the present suit. By authentic act, both sons renounced the succession and their mother was placed in possession of the entire estate — one half in her own right and one half by virtue of the childrens’ renunciation. Upon the widow’s death, she bequeathed to her two children (the ones who had renounced in her favor) the real…