Legal Opinion
Succession of Braswell
Supreme Court of Louisiana
Decided January 28, 1918No. 21114PublishedCited by 4 opinions
Appeal from Fourth Judicial District Court, Parish of Lincoln; John B. Holstead, Judge. In the matter of the succession of George W. Braswell, deceased. From a judgment sustaining objections to the execution of the will, the surviving widow appeals.
1Opinion of the CourtEroyostx, J.
The decedent by his testament gave to his second wife and surviving widow the usufruct of his entire estate, and to his six children, issue of his first marriage, the naked ownership. The children ask that the bequest to their stepmother be reduced to the usufruct of one-third of the estate, in conformity with article 1752 of the Code, which, as amended by Act 14, p. 10, of 18S2, reads:
“A man or woman, who contracts a second or subsequent marriage, having children by a former one, can give to his wife, or she to her husband, either by donation or by last will and testament, in full property,…
2Cases cited1 opinion
- Clarkson v. ClarksonSupreme Court of Louisiana · 1858
3Cited by4 opinions
- Succession of HydeSupreme Court of Louisiana · 1974
- Succession of HydeLouisiana Court of Appeal · 1973
- Succession of McLellanLouisiana Court of Appeal · 1962
- Succession of YoungLouisiana Court of Appeal · 1967