Legal Opinion

Succession of Firmin

Louisiana Court of Appeal

Decided August 2, 2006No. 2005-CA-1218Published

1Opinion of the Court

TERRI F. LOVE, Judge.

|; This case arises from a dispute in a succession proceeding regarding the payment of the mortgage debt on a home. The issue on appeal is which of the parties is responsible for payment of the interest on the mortgage note as between the wife of the decedent, who was left the “use and habitation” of the property, and the succession. We affirm the trial court’s judgment in holding that the decedent’s wife is not required to pay the interest on the mortgage debt.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Albert P. Firmin died testate on February 2, 2003, leaving his wife,…

2Cases cited7 opinions

  1. Kem Search, Inc. v. SheffieldSupreme Court of Louisiana · 1983
  2. Phoenix Assur. Co. of NY v. Shell Oil Co.Louisiana Court of Appeal · 1992
  3. Succession of BelLouisiana Court of Appeal · 1979
  4. Succession of DougartSupreme Court of Louisiana · 1878
  5. Succession of CrainLouisiana Court of Appeal · 1985

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