Succession of Fortier
Supreme Court of Louisiana
APPEAL from the Second District Court of New Orleans, Canon, J. The husband is shown to have been in necessitous circumstances, in the sense of article 2359. “ pauvreté ne pas á riavoir précisément rien; on est estimé pauvre quand on n’a pas ce qui est nécessaire pour vivre selon son état.”
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APPEAL from the Second District Court of New Orleans, Canon, J. The husband is shown to have been in necessitous circumstances, in the sense of article 2359. “ pauvreté ne pas á riavoir précisément rien; on est estimé pauvre quand on n’a pas ce qui est nécessaire pour vivre selon son état.” See a decision reported by Merlin, Rep. de Jurisp. verbo Quart de Conjoint Pauvre, p. 690. The 53d novel of Justinian declares: “ Etiam hie servandis similiter quidem in viris, similiter autem in mulieribus, communem namque etiam, hanc super aisponimus legem.” The object of that law was to relieve the…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.
Valcowr Fortier presented to the District Court his account as ad-j ministrator of the succession of his deceased wife, Catharine Delphine Labranche, in which, as well as in the accompanying petition, he claimed one fourth of the estate of the deceased, in full property, as the marital portion, averring that his wife had died without issue, and that he was in necessitous circunfstances. An opposition was filed by several of the heirs, contesting the right of the surviving husband to the marital portion. The opposition was maintained, and…
2Cited by8 opinions
- Succession of HaganSupreme Court of Louisiana · 1922
- Taylor v. TaylorSupreme Court of Louisiana · 1938
- Smitherman v. SmithermanLouisiana Court of Appeal · 1970
- Succession of PelloatSupreme Court of Louisiana · 1911
- Succession of GuillonSupreme Court of Louisiana · 1922
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