Caruso v. Lucius

PHILLIPS, Chief Justice.

This is a suit brought by the first wife, the Appellant, against the estate of her deceased husband and his adopted son, Appellee, for a partition of her undivided community interest in properties accumulated during the marriage. This claim is also for her share of the community estate accumulated during her husband’s putative marriage to a second wife.

Neither side has attacked the adoption proceedings pertaining to the Appellee nor his claim of heirship to his lawful portion of the estate.

Trial was to a jury which found in favor of Appellant; however, the court…