Judice v. Provost

Philemon Provost and plaintiff, who were husband and wife, acquired during their marriage community property.

Philemon Provost died, and plaintiff accepted the usufruct of Ms part of the undivided community property.

Subsequently, she made a declaration that she relinquished the usufruct on a part of the property (some land), and asked the Court to cause this part to be partitioned between her and tho deceased husband’s heirs, the defendants.

Defendants asked that the whole, not a part, of the community property be returned to be divided, or that her demand be rejected.

The District Judge…