Wimprenne v. Jouty

WESTERFIELD, J-.

Odelia Wimprenne, widow of Francois Jouty, brings this suit against the executor of the succession of Francois Jouty, seeking recognition as a widow in necessitous circumstances, and as such entitled to the marital fourth of the succession of her late husband, Francois Jouty, under the provisions of article 2382, Rev. Civ. Code, as amended by Act No. 113 of 1926.

The trial court rendered judgment in plaintiff’s favor, and defendant has appealed.

To entitle a wife to the marital fourth under the codal article relied upon, three circumstances must concur: First, a valid marriage;…