Succession of Teller

The opinion of the court was delivered by

Miller, J.

The appellant, the tutor of the adopted child of the late James Teller, takes this appeal from the judgment recognizing *282his widow as the usufructuary of the community property not disposed of by his last will.

The question raised by the appeal is whether the child by adoption is exempted from the operation of the Arts. 915 and 916 of our Oode embodying the Act of 1844, which confers on the surviving spouse the usufruct of the community property which the deceased has not disposed of by his will. The spirit and text of the law is against the…