Succession of Smith

FORET, Judge.

Decedent’s widow, Audrey Mclnnis Smith, appeals a judgment sustaining an exception of prescription on the ground that the claim for the marital portion was untimely made according to C.C. Art. 2436.

FACTS

Rollie Ray Smith died intestate on May 29, 1982. He was survived by his spouse, Audrey Mclnnis Smith (plaintiff herein) and by his siblings and their descendants. Assets of the Smith estate include some seventy-six acres and several small structures near the border of the property, mainly a house in which the Smiths were living at the time of decedent’s death and a small store.…