Kerwin v. Hibernia Insurance
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. Fir/ldor, J. 1. An immovable bought during oxistence of the community of acquets and gains, between husband and wife, becomes community property, no matter in whose name the purchase is made, (C. C. 2335 and 2402) and on husband’s dcatb, becomes half the property of widow and half the property of thoir children, and where there are minors, who can only accept with benefit of inventory, the widow cannot validly…
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A PPEAL from the Civil District Court for the Parish of Orleans. Fir/ldor, J. 1. An immovable bought during oxistence of the community of acquets and gains, between husband and wife, becomes community property, no matter in whose name the purchase is made, (C. C. 2335 and 2402) and on husband’s dcatb, becomes half the property of widow and half the property of thoir children, and where there are minors, who can only accept with benefit of inventory, the widow cannot validly mortgage any particular immovable. Cestacvs. Florane, 31 An 493; Sentamant vs. Soule, 33 An. 609; Kerwin vs. Hibernia…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
In 1867, during the existence of the community between Honora Kerwin and her husband, Michael Kerwin, a piece of immovable property was acquired in the name of the former by a deed to which her husband was a party, and which contained the formal recitals that the purchase was made with the wife’s “ own funds which she acquired by inheritance from her late father and mother,” and that “ the property is to be and remain her paraphernal property.”
*34Michael Kerwin died in 1868.. In 1873, the widow, Honora Mansfield, accompanied by her daughter of…
2Cited by20 opinions
- Curtis v. CurtisSupreme Court of Louisiana · 1981
- Pfister v. CassoSupreme Court of Louisiana · 1926
- Rousseau v. RousseauSupreme Court of Louisiana · 1946
- Jones v. JonesSupreme Court of Louisiana · 1907
- Moore v. MooreLouisiana Court of Appeal · 1966
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