Legal Opinion · Concurrence

Succession of Fertel

Supreme Court of Louisiana

Decided June 5, 1945No. 37657Published

1Concurrence

While I subscribe to the decree affirming the judgment appealed from, I must say that I have considerable doubt that the 7/9 of the estate, remaining after reserving to Barney Fertel the 2/9 to which he is entitled as a forced heir, should be distributed equally among the three legatees, namely, the two daughters and the grandson of the testatrix. If article 1501 of the Civil Code is applicable to this case, it seems that each of the two daughters of the testatrix should retain her legitime of 2/9 of the estate, besides receiving her 1/3 of the disposable portion, — that is, 1/3 of 1/3, — of…

2Cases cited6 opinions

  1. Jordan v. FilmoreSupreme Court of Louisiana · 1929
  2. Succession of LedbetterSupreme Court of Louisiana · 1920
  3. Miller v. MillerSupreme Court of Louisiana · 1901
  4. Succession of MaltrySupreme Court of Louisiana · 1926
  5. Hughes v. HughesSupreme Court of Louisiana · 1859

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