Succession of Hymel

The opinion of the court was delivered by

Wateins J.

This controversey grows out of an opposition to an executor’s provisional account, in which Mrs. Tassin claims, as an *738heir of her mother, Adeline Troselair, predeceased wife of Louis Oteave Hymel, the sum of six thousand eight hundred and eighty-one dollars and thirty-ñve cents, as her distributive share of the sum of forty-one thousand two hundred and eighty-eight dollars and eleven cents, which represented her mother’s interest in the community between her and her surviving husband, and which he retained in his possession as usufructuary;…