Succession of Coste
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. _ All property acquired during marriage in the name of either husband or wife is presumed community. The general rule is that all donations inter vivos must be evidenced by an authentic act. The disposable portion is calculated upon the value Qf all property left by the deceased, and of all property donated by him inter vivos. The heir is preferred to the wife in a contest for administration.
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A PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. _ All property acquired during marriage in the name of either husband or wife is presumed community. The general rule is that all donations inter vivos must be evidenced by an authentic act. The disposable portion is calculated upon the value Qf all property left by the deceased, and of all property donated by him inter vivos. The heir is preferred to the wife in a contest for administration. When the bequests exceed the disposable portion, they must be reduced pro rata. The particular legatee takes the legacy…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Martin J. Coste died May 18, 1888.
He disposed of.all his property by last will and testament under particular title.
*147His mother survived him and one brother and two sisters, but no legitimate children.
His widow died October 15, 1888, leaving as her legal heirs three brothers.
The estate owed largely, which made it necessary to sell all the property bequeathed.
The mother qualified as executrix.
In the account of the executrix it appears that the assets of the succession amounted to the sum of §80,416.64; the debts to the sum of §21,927.66, in…
2Cited by15 opinions
- Houghton v. HallSupreme Court of Louisiana · 1933
- Cameron v. RowlandSupreme Court of Louisiana · 1948
- Succession of ProvostSupreme Court of Louisiana · 1938
- Moss v. RobinsonSupreme Court of Louisiana · 1949
- Succession of Manning v. BurkeSupreme Court of Louisiana · 1901
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