Succession of Piffet
Supreme Court of Louisiana
APPEAL from the Civil District Court for tlie Parish of Orleans. Houston, J. i. The surviving husband or wife takes tbe marital fourth as heir,- the jurisprudence denominates it an inheritance.
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APPEAL from the Civil District Court for tlie Parish of Orleans. Houston, J. i. The surviving husband or wife takes tbe marital fourth as heir,- the jurisprudence denominates it an inheritance. Dunbar Heirs, 5 Ann. 159; Connor vs. Connor, 10 Ann. 451-450; Gee vs- Thompson, 11 Ann. 657; Doster vs. i'erguson, Tutor, 1 Ann. 262. The wording of the Art. 2382. O. 0., he or she has a right to take out of the succession of the deceased the fourth of it, in full proporty, an absolute ownership regulating descent, not an action of creditor against succession. 27 Ann. 594; 7N. S. 342. II. The heir who…
1Opinion of the Court
The opinion of the Court was delivered by
Poems, J.
This controversy involves the right of J. B. Piffet, husband of the deceased, to claim the marital portion out of her succession, and the right of his heirs at law to set. up their claim thereto as an inheritance from him.
The affirmative of both these propositions was maintained by the district court, and the present appeal is prosecuted by the executor and by legatees under the -will of the deceased. •
The claim is predicated on the provisions of Article 2882 of the Civil Code, which reads as follows:
“ When the wife has not brought any dowry,…
2Cases cited2 opinions
- Melancon's Widow v. HisSupreme Court of Louisiana · 1833
- Duriaux v. DoironSupreme Court of Louisiana · 1844
3Cited by15 opinions
- Haley v. BadonLouisiana Court of Appeal · 1957
- Taylor v. TaylorSupreme Court of Louisiana · 1938
- Succession of KunemannSupreme Court of Louisiana · 1905
- Succession of AndrusSupreme Court of Louisiana · 1937
- Succession of HenryLouisiana Court of Appeal · 1973
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