Succession of Hoa
Supreme Court of Louisiana
APPEAL'from the Court of Probates of New Orleans, Bermudez, J. The deceased, by an olographic will, bequeathed one-half of his property i to his. wife, and the other half to his only child, the issue of the marriage. On an opposition by the under-tutor of the minor heir, the Court of Probates re-’‘tkrced the bequest in favor of the wife to one-tenth of the estate. From this judgment she appealed.
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APPEAL'from the Court of Probates of New Orleans, Bermudez, J. The deceased, by an olographic will, bequeathed one-half of his property i to his. wife, and the other half to his only child, the issue of the marriage. On an opposition by the under-tutor of the minor heir, the Court of Probates re-’‘tkrced the bequest in favor of the wife to one-tenth of the estate. From this judgment she appealed. The disposable portion in favor of the wife is fixed by art. 1480 of the Civil Code Art. 1739 does not apply to this case, but only to dispositions inter vivos by marriage contract, or during…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
A few hours before his death, Albert Hoa made his olographic will, in these words : “ Ceci est mon testament olographe. Je laisse la moitió *143de mes biens á ma femme, Andis Plicque, et l’autre moitíé & men- fils Edmond Hoa. Le tout daté, éerit et signé ce 14 Février, 1844.”
His widow, Andis Plicque, having been appointed dative testamentary executrix, proceeded to administer the estate, and in the final account of her administration, rendered before the Court of Probates, she credited herself with one-half of the property composing the…
2Cited by1 opinion
- Reems v. DielmannSupreme Court of Louisiana · 1903