In re the Succession of Cobb

GONZALES, Judge.

The parties in this case rely upon conflicting First Circuit Court of Appeal cases to support their respective positions concerning the interpretation of La.C.C. art. 203. This court convened en banc to resolve the conflict.

PROCEDURAL HISTORY AND FACTS

Henry Earl Cobb died on June 28, 1992. He was survived by his wife, Thelma M. Cobb, and there were no children born of the marriage. Subsequently, his surviving spouse, Mrs. Cobb, filed an uncontested succession proceeding in the 19th Judicial District Court. On October 9, 1992, the trial court signed a judgment of possession,…