Successions of Vives
Supreme Court of Louisiana
APPEAL from the Twenty-third District Court, Parish of Iberville. Cole, J. 1. “ "When a necessitous widow dies without having received the portion of $1,000, under tlie Act of 1832, her major heirs canaot claim that portion from the husband’s sucoossion. Only children, and her remoter descendants, who are minors and necessitous, are entitled ' to claim suoh portion.” 30 An. p.
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APPEAL from the Twenty-third District Court, Parish of Iberville. Cole, J. 1. “ "When a necessitous widow dies without having received the portion of $1,000, under tlie Act of 1832, her major heirs canaot claim that portion from the husband’s sucoossion. Only children, and her remoter descendants, who are minors and necessitous, are entitled ' to claim suoh portion.” 30 An. p. GOO, Vol. 1. 2. Grandchildren uuder tho tutorship of their father, a strong, healthy person, oannot be . regarded as in necessitous circumstances, and olaim said portion under the Act of 1852, the principle being…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
This controversy grows out of an opposition to the final account of the administrator of these successions.
The opponents, creditors of the deceased, are appellants from a judgment dismissing their oppositions.
There is a motion to dismiss the appeal on the ground of want of jurisdiction raMone materiw.
The fund to be distributed by the account exceeds one thousand dollars, and is still in the hands of the administrator, and the distribution of the entire amount is regulated by tlio judgment. We have, therefore, jurisdiction.…
2Cited by1 opinion
- Succession of WatzkeSupreme Court of Louisiana · 1916