Succession of Dougart

The opinion of the court was delivered by Spencer, J., on the original hearing, and on the rehearing by Egan, J.

Spencer, J.

Baptiste Dougart died June 7, 1868, leaving an estate in community with his wife, Elizabeth Bishop. He died without ascendants or-descendants. He left a will by public act of date February 25, 1864, whereby he appointed “Theophile Gollain, and in case of his death my wife, the said Elizabeth Bishop, to be the executrix of this my last will, with full seizin, etc.”

This will contains the following clauses :

“I give and bequeath unto Mrs. Catherine Fairbac, widow of the late…