Legal Opinion

Succession of Justus

Supreme Court of Louisiana

Decided May 15, 1892No. 11,038PublishedCited by 23 opinions

APPEAL from the Civil District Court for the Parish of Orleans. . King, J. 1. The marital portion is but a right to be exercised or not,- at the option of the husband or wife entitled to same. 14. C. O. 2382. 2. It is not an inheritance, because not given in all cases. 3 An. 713. 3. It is an option to be exercised or not, as desired by the party entitled thereto. . 39 An. 568. ■' ■ • • 1. The marital fourth is an inheritance.

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APPEAL from the Civil District Court for the Parish of Orleans. . King, J. 1. The marital portion is but a right to be exercised or not,- at the option of the husband or wife entitled to same. 14. C. O. 2382. 2. It is not an inheritance, because not given in all cases. 3 An. 713. 3. It is an option to be exercised or not, as desired by the party entitled thereto. . 39 An. 568. ■' ■ • • 1. The marital fourth is an inheritance. O. C. 2882; Dunbar Heirs, 5 An. 159; Con-nor vs. Connor, 10 An. 451; Gee vs. Thompson, 11 An. 657. 2. The failure of the surviving spouse to make a “ demand ” does not…

1Opinion of the Court

The opinion of the court was delivered by

Bermudez, C. J.

In this matter the heirs of F. R. Justus sue to recover the marital fourth which, they aver, their father was entitled to take from the succession of the deceased, who was his wife.

Mrs. Justus died rich, on the 27th of September, 1891, and Mr. Justus was left by her in necessitous circumstances. He died seven days after his wife, without having claimed that fourth.

Mrs. Justus left a will by which she bequeathed him a pension in the shape of a legacy of $75 per month and some movable property.

The contention is that the marital fourth…

2Cited by23 opinions

  1. Malone v. CannonSupreme Court of Louisiana · 1949
  2. Rogge v. NouvetSupreme Court of Louisiana · 1898
  3. Succession of CocoSupreme Court of Louisiana · 1936
  4. Maddox v. ButcheeSupreme Court of Louisiana · 1943
  5. Succession of GuillonSupreme Court of Louisiana · 1922

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