Succession of Blythe

LEMMON, Justice.

This is a will contest between the testator’s widow and his sole descendent, a daughter from a previous marriage. The principal issue is whether the forced heir, by attacking the testator’s will on several grounds (including the invalidity of a usu-fruct to the surviving spouse valued in excess of the disposable portion) and by obtaining a judgment nullifying the usu-fruct, thereby elected under La.C.C. art. 1499 to abandon to the donee the ownership of the disposable portion.1 Facts

In a 1978 will the testator established testamentary trusts for both his surviving spouse and…