Legal Opinion

Depas v. Riez

Supreme Court of Louisiana

Decided January 15, 1847PublishedCited by 16 opinions

APPEAL from the Second District Court of New Orleans, Canon¡ J. Phinias Depas by his will bequeathed to the defendant, his widow, all that the law permitted him to dispose of in her favor, in full property, or usufruct, at her choice, dispensing her from furnishing security in case she decides to take the usufruct. He left one son by a former marriage. His will was ordered to be executed, on the petition of his widow, who qualified as executrix.

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APPEAL from the Second District Court of New Orleans, Canon¡ J. Phinias Depas by his will bequeathed to the defendant, his widow, all that the law permitted him to dispose of in her favor, in full property, or usufruct, at her choice, dispensing her from furnishing security in case she decides to take the usufruct. He left one son by a former marriage. His will was ordered to be executed, on the petition of his widow, who qualified as executrix. An action of partition instituted by the plaintiff, the only son and heir of the testator, against the defendant, having been consolidated with an…

1Opinion of the Court

The judgment of the court was pronounced by

Rost, J.

In this appeal, an action of partition instituted by the only son and heir of a testator against his step-mother, who is sole executrix and legatee under an universal title, has been, by consent of parties, consolidated with an opposition, made by the -plaintiff^ to the account of her administration rendered by the executrix.

The consolidated cases present the following questions for our consideration:

1st. To what share of the succession is Nanette Riez, the second wife of the testator, entitled, under a testamentary disposition giving her all…

2Cited by16 opinions

  1. Funderburk v. FunderburkSupreme Court of Louisiana · 1949
  2. Deliberto v. DelibertoLouisiana Court of Appeal · 1981
  3. Abraham v. AbrahamSupreme Court of Louisiana · 1956
  4. Peters v. KleinSupreme Court of Louisiana · 1926
  5. Tomme v. TommeSupreme Court of Louisiana · 1932

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