Bernard v. Noel

The opinion of the court was delivered by

Nicholls, O. J.

Plaintiffs seek to annul a donation of certain property made by Francoise Marie Nezat to her husband, upon the ground that the donation was in violation of Art. 1497 of the Oivil Code, which declares that the donor shall in no case divest the donor of all his property — he must reserve to himself enough for subsistence ; if he does not, the donation is null for the whole.

The wife died some time in the year 1892, without having attempted to invoke the nullity of that act.

She left no descendants nor ascendants, and no question of an…