In re the Succession of Weathersby

MARVIN, Judge.

Decedent’s widow appeals a judgment sustaining her step-daughter’s exception of prescription and dismissing the widow’s claim for the marital portion against decedent’s estate. C.C. Arts. 2432-2436.

We reverse. Succession of Smith, 515 So.2d 1096 (La.1987); Hennigan v. Succession of Hennigan, 539 So.2d 792, 795 (La.App. 3d Cir.1989).

Decedent died in 1981. In 1982, the stepdaughter began the litigation by suing the unopened succession of decedent and the widow to invalidate decedent’s will and transfers of property. The widow timely answered the step-daughter’s action and first…