Succession of Malone
Louisiana Court of Appeal
1Opinion of the Court
WATKINS, Judge.
The issues presented by this appeal are: (1) whether prescription of a promissory note was interrupted by partial payment; (2) whether various acts of a usufructuary amounted to renunciations of the usufruct; and (3) whether a unilateral, partial renunciation was permissible absent court order. The first issue of interruption of prescription was purely factual, and we will not disturb the trial court’s decision. Second, because the Louisiana Civil Code provides that a renunciation of usufruct must be express and written, we hold that a usu-fructuary must reduce to writing his…
2Cases cited1 opinion
- Austin v. PerryLouisiana Court of Appeal · 1976
3Cited by1 opinion
- Succession of MaloneSupreme Court of Louisiana · 1992