Estate of Speyrer ex rel. Ortego v. Thantan
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. The surviving spouse in community, who claims the usufruct of the share of the community which would belong to the heirs of the deceased spouse, is bound to give security under the provisions of the article 558 C. 0., in all cases, except when said surviving spouse has the legal usufruct in virtue of the article 223 C. C., or is the natural tutor or tutrix of the said heirs.
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
L. Speyrer died leaving an estate belonging to the community between himself and his surviving spouse, Clara Thantan, and leaving issue of said marriage. The minors, represented by petitioners, as their tutors, are grandchildren of L. Speyrer and Clara Thantan and, as such, heirs by representation of the deceased.
Clara Thantan, the surviving widow in community, has qualified as administratrix of her deceased husband and holds possession of the entire community estate, the half of which belonging to the succession of her husband, she holds as…
2Cited by4 opinions
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- In Re MonroseSupreme Court of Louisiana · 1937
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- Succession of DielmannSupreme Court of Louisiana · 1907