Breaux v. Breaux

As I comprehend it, the prevailing opinion on this rehearing is predicated on the premise that the understanding between Mrs. Champagne and Mrs. Breaux, respecting defendant’s eventual inheritance of the property in contest, was a' fidei commissum and that, this being so, there was a natural obligation imposed upon Mrs. Breaux under the fourth paragraph of Article 1758 of the Civil Code to carry out the wishes of Mrs. Champagne as the disposition was void for *816want of form only because a fidei commissum is not “inherently evil, unjust, immoral, or against general policy.”

Although the majority…