Harrell v. Harrell
Supreme Court of Louisiana
Appeal from the court of prohates for the parish of East Feliciana. This is an action by the surviving wife of Thomas Harrell, deceased, to recover the marital portion of her deceased husband’s estate. The petitioner alleges that her husband died rich, hut left her in necessitous circumstances, not having brought into marriage any dowry or inherited or received any property during marriage.
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Appeal from the court of prohates for the parish of East Feliciana. This is an action by the surviving wife of Thomas Harrell, deceased, to recover the marital portion of her deceased husband’s estate. The petitioner alleges that her husband died rich, hut left her in necessitous circumstances, not having brought into marriage any dowry or inherited or received any property during marriage. That her husband’s estate amounts, according to the inventory, to about $20,000 ; and that he left no descendants. She’further shows that the defendants, who are the mother, brothers and sisters of the…
1Opinion of the CourtSimon, J.
Plaintiff, who is the widow of one Thomas ITarrell, alleges that she is in necessitous circumstances, and was so at the timo of the death of her husband, whose estate, according to the inventory, amounts to about twenty thousand dollars; that under the art. 2359 of tho La. Code, she is entitled to take out of his succession, the one fourth thereof in full property, as he left no descendants. She prays that her husband’s mother, brothers and sisters be eited, and that she may be allowed her marital portion to the amount of one fourth of her deceased husband’s estate.
Defendants excepted to…
2Cited by4 opinions
- Maddox v. ButcheeSupreme Court of Louisiana · 1943
- Succession of TaconSupreme Court of Louisiana · 1937
- Succession of HenryLouisiana Court of Appeal · 1973
- Henry v. Exchange Bank & Trust Co.Louisiana Court of Appeal · 1973