Succession of Schiller
Supreme Court of Louisiana
APPEAL from the Second District Court, parish of Orleans. Tissol, J. The words “It is my will and desire that my estate be distributed among my legal heirs, ■ according to the laws now in force in Louisiana,” used by the testator in his act of last will, are clearly disposable words in favor of his heirs, in this case, his' children j and the will must be held to be a testamentary disposition, in their favor, of his estate.
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APPEAL from the Second District Court, parish of Orleans. Tissol, J. The words “It is my will and desire that my estate be distributed among my legal heirs, ■ according to the laws now in force in Louisiana,” used by the testator in his act of last will, are clearly disposable words in favor of his heirs, in this case, his' children j and the will must be held to be a testamentary disposition, in their favor, of his estate. The statutory usufruct of the widow, to the one-half of the community, belonging to the deceased spouse, exists only when the testator has not by his will disposed of that…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
John B. Schiller died, leaving a will containing, among other provisions, the following disposition :
“ It is my will and desire that my debts be paid, and that my éstate be distributed among my legal heirs, according to the laws now in force in Louisiana.”
Shortly after his death, his widow, contradictorily with his executor, obtained a judgment recognizing her as the owner of the undivided half of the property composing the community between them, and as usufructuary, during her widowhood, of the remaining half, the naked ownership…
2Cited by6 opinions
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- Succession of MaloneySupreme Court of Louisiana · 1911
- Succession of ChauvinSupreme Court of Louisiana · 1972
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