Legal Opinion · Dissent

Succession of Lambert

Supreme Court of Louisiana

Decided June 14, 1946No. 37997Published

1DissentRogers, Justice

If this were a case of first impression, I would be inclined to concur in the views expressed in the majority opinion. I find it difficult in considering the doctrine of accretion or survivorship in connection with the interpretation of wills to distinguish between a bequest of a thing to many legatees in equal portions and a bequest to two or more legatees to be divided in equal portions or share and share alike. In any case it would appear that the portion of each colegatee is assigned in the thing bequeathed and that the portion of the legacy so assigned is vested in each legatee…

2Cases cited9 opinions

  1. MacKie v. StorySupreme Court of the United States · 1877
  2. Succession of VillaSupreme Court of Louisiana · 1913
  3. Succession of WilcoxSupreme Court of Louisiana · 1928
  4. Lebeau v. TrudeauSupreme Court of Louisiana · 1855
  5. Moore v. DalcourSupreme Court of Louisiana · 1881

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