Succession of Roth
Supreme Court of Louisiana
APPEAL from the Twenty-third Judicial District Court, parish of Iberville. Cole, J. IS'irst — Neither the community nor the husband can claim against the wife’s separate estate, for improvements placed thereon, more than the enhanced value of the said separate estate at the death of the wife, and if the same exceeds the cost of the improvement, then only to the extent of the cost. 2 An. 43; 14 An. 763. (a) To ascertain this value the rule laid down in 4 Rob. and 6 Rob.,…
Read the full summary
APPEAL from the Twenty-third Judicial District Court, parish of Iberville. Cole, J. IS'irst — Neither the community nor the husband can claim against the wife’s separate estate, for improvements placed thereon, more than the enhanced value of the said separate estate at the death of the wife, and if the same exceeds the cost of the improvement, then only to the extent of the cost. 2 An. 43; 14 An. 763. (a) To ascertain this value the rule laid down in 4 Rob. and 6 Rob., Nolan vs. Babin, must be followed. Where several witnesses make estimates of tbe value of a thing, an average should be…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The testamentary executor of deceased prosecutes this appeal from a judgment sustaining the opposition of Delavallade to certain items of a provisional account filed by him.
I
The executor, who was the husband of deceased, had, during marriage, erected on the separate property of his wife, a store, at an alleged eost of $1340, which cost he claims to have paid out of his separate funds.
In his present account, under the head of the active mass of the community, he enters an item of $770 as the proportionate value of the store, which was sold…
2Cases cited2 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Amory v. AmoryThe Superior Court of New York City · 1866
3Cited by4 opinions
- Peters v. KleinSupreme Court of Louisiana · 1926
- Dillon v. FrevilleSupreme Court of Louisiana · 1912
- Beasley v. BeasleySupreme Court of Alabama · 1952
- Falconer v. FalconerSupreme Court of Louisiana · 1929