Succession of Chauvin

TATE, Justicte

(concurring).

The writer concurs in the majority’s scholarly analysis of the prior law on the subject, in its finding that the question before us is actually res nova, and in its decree affirming the court of appeal. The writer, however, disagrees with the majority’s conclusion that, where one spouse confers a usufruct by will over that spouse’s share of the community property (the naked title to which is in the issue of the marriage), such usufruct is nothing more than a confirmation of the similar legal usufruct provided by Civil Code Article 916. From this, the majority…