Succession of Brinkman

The judgment of the court was pronounced by

King, J.

Mrs. Brinkman died leaving a succession consisting exclusively of her share of the community of acquets and gains, to the usufruct of which her surviving husband is entitled, during his life, under the act of 1844, 99, sec. 31. The surviving husband applied for letters of administration, and his application was opposed by the tutor of the minor heirs of the deceased. The opposition was dismissed, and the tutor has appealed.

We think that the district judge erred. The act of 1844, giving the usufruct for life of the community effects to the…