Legal Opinion

Smith v. Nelson

Supreme Court of Louisiana

Decided April 13, 1908No. 16,677PublishedCited by 26 opinions

Appeal from Civil District Court, Parish of Orleans ; Walter Byers Sommerville, Judge. Action by Frank Smith and others against John Andrew Jackson Nelson. Judgment for defendant, and plaintiffs appeal.

1Opinion of the Court

Statement of the Case.

MONROE, J.

The mother of the plaintiffs, being then the widow of Michael Smith, married the defendant, Nelson, and some years later executed a will whereby she bequeathed to her three major children (issue of her marriage to Smith) the property acquired during the first community, and to her surviving husband the property acquired during the second community, and further declared that:

“Should my children claim the legitime, then I give and bequeath to my said husband the usufruct of all the property, movable and immovable, that was acquired during our marriage,” etc.

The…

2Cited by26 opinions

  1. Amerada Petroleum Corporation v. ReeseSupreme Court of Louisiana · 1940
  2. Kaffie v. WilsonSupreme Court of Louisiana · 1911
  3. Cahn v. CahnSupreme Court of Louisiana · 1985
  4. Steele v. DenningSupreme Court of Louisiana · 1984
  5. Barbarich v. MeyerSupreme Court of Louisiana · 1923

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