Succession of Fitzwilliams

The judgment of the court was pronounced by

Kino, J.

Anna Filzioilliams died intestate, in August, 1844, leaving two children, the issue of her marriage with her surviving husband. She left also a succession in community between her surviving husband and heirs, consisting of a plantation and slaves, encumbered with debts to a large amount. The husband preserved the property in kind, and administered it, applying the revenues to the payment of the debts. In June, 1846, he contracted a second marriage, and thereby forfeited the right to the usufruct of one half of the community, conferred by the…