Legal Opinion

Succession of Malone

Louisiana Court of Appeal

Decided October 18, 1991No. 90 CA 1034PublishedCited by 1 opinion

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

  1. Austin v. PerryLouisiana Court of Appeal · 1976

3Cited by1 opinion

  1. Succession of MaloneSupreme Court of Louisiana · 1992

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