Succession of Malone

I agree with that portion of the majority opinion reducing the principal amount in Mr. Malone, Jr.’s favor from $114,165.95 to $79,402.07; however, I respectfully submit that Mr. Malone, Jr. has already received the money for which he now claims an accounting. Therefore, his demand should be denied.

The Civil Code article relied on by the majority, LSA-C.C. art. 626, requires that a writing evidence a renunciation of a usu-fruct. The writing requirement for renunciation insures that the usufruct continues to burden the property of the naked owner until clearly and unequivocally renounced by…