Succession of Hayes
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. The usufruct of cotton is an imperfect or quasi usufruct, and transfers the ownership to the usufructuary. The latter may “ consume, sell or dispose of it, as he thinks proper,” subject only to the charge of returning the same quantity, quality and value to the owner, or its estimated price, at the termination of the usufruct.
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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. The usufruct of cotton is an imperfect or quasi usufruct, and transfers the ownership to the usufructuary. The latter may “ consume, sell or dispose of it, as he thinks proper,” subject only to the charge of returning the same quantity, quality and value to the owner, or its estimated price, at the termination of the usufruct. One having the usufruct of the estate of another, by last will and testament, who exercises his usufructuary right by selling or disposing of the property “as he thinks proper;” ■who,…
1Opinion of the Court
*1144The opinion of the Court was delivered by
Poché, J.
At her death, on the 19th of October, 1862, Sarah E. Hayes, wife of Jesse B. Clark, who left no issue, but several legal heirs, left a will, under which she gave to her husband the usufruct of her share in the community property.
■ This litigation grows out of oppositions filed by the heirs to a final account and settlement of the community, filed by Clark in January, 1866, as dative testamentary executor. Although numerous items of the account were opposed, the issue on this appeal is confined to the correctness of the judgment of the lower…
2Cited by5 opinions
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- Taylor v. TaylorSupreme Court of Louisiana · 1938
- Maguire v. FlukerSupreme Court of Louisiana · 1902
- Succession of RosenthalLouisiana Court of Appeal · 1979
- Succession of DielmannSupreme Court of Louisiana · 1907