In re Succession of Geisler
Supreme Court of Louisiana
APPEAL from the Nineteenth Judicial District Court, parish of St. Mary. Goode, J. A minor grandchild of a deceased person cannot be said to be in necessitous circumstances when the father of the child is living, robust, and with a good trade, and supports and educates the child. All homestead grants and exemptions being in derogation of common rights, must be strictly construed.
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Opponent in this case, as natural tutor of his minor, child, claims $1000 from the insolvent succession of the deceased grandmother of the child, under the provisions of article 18252 of the Eevised Code. That article confers upon “ the widow or minor children of a deceased person, left in necessitous circumstances,” no other riglit whatever except the right “ to demand and receive from the succession of their deceased father or husband a sum which, added to the amount of property owned by them, or either of them, of their own right, will…
2Cited by2 opinions
- Bolt v. Succession of BoltLouisiana Court of Appeal · 1932
- Succession of WatzkeSupreme Court of Louisiana · 1916