Succession of Lanzetti
Supreme Court of Louisiana
APPEAL from the Third District Court of New Orleans, Kennedy, J. The Act of 1852, is “ to provide a homestead for the widow and children of deceased persons.” Now, this Act does not give her or them a homestead, that is, the dwelling house where they lived, but gives her $1000 in money, which she is to take out of the estate of her deceased husband, which is to be paid to her or them, by preference.
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APPEAL from the Third District Court of New Orleans, Kennedy, J. The Act of 1852, is “ to provide a homestead for the widow and children of deceased persons.” Now, this Act does not give her or them a homestead, that is, the dwelling house where they lived, but gives her $1000 in money, which she is to take out of the estate of her deceased husband, which is to be paid to her or them, by preference. The second section confers on the wife the usufruct of this sum during her widowhood, and then to pass to the children. Hero then are two objects, which the Act designs to accomplish, although…
1Opinion of the CourtSlidll, C. J.
There is a familiar maxim which tells us a man should be just before he is generous. In conformity with it, we find in all systems of jurisprudence donations by debtors at the expense of their creditors discountenanced, and our Code contains express provisions to that effect. What however, testators were formerly unable to do themselves, a recent statute does for them, and the case at bar illustrates its practical working; the widow of the deceased taking $1000 out of the estate and leaving its numerous creditors unpaid.
The entire funds of the estate amount to about $1800, and consist, with…
2Cited by17 opinions
- Ricks v. Department of State Civil ServiceSupreme Court of Louisiana · 1942
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
- State Ex Rel. Porterie v. Housing Authority of New OrleansSupreme Court of Louisiana · 1938
- State v. MillerSupreme Court of Missouri · 1870
- O'Connor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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