Barbet v. Roth

I concur in the decree in this case; but would prefer not to *382-|3e understood as recognizing, even by implication, the correctness of the doctrine of tlie case of Cole’s Heirs v. Cole's Executors, in 7 N. S., upon the subject of the legitime of deeondants in a testamentary succession. My impression is, that the doctrine there enunciated by Judge Porter, as the organ of the court, is contrary to Article 1481 of the Code. The language of the learned Judge expresses but little confidence in the correctness of his conclusion. He says : “ "We cannot untie the knot; we must cut it.”

Now, it seems to…