Sterrett v. Samuel

The opinion of the court was delivered by

Blanchard, J.

Defendant married, some years ago, the daughter of plaintiff. There was no issue of the marriage.

The wife died in April 1900, intestate.

Some property, real and personal, had been acquired during the marriage and the same pertained to the community which existed between the spouses.

The succession of the wife was opened by her mother (plaintiff herein), who represented herself as being the only living ascendant and only heir of the deceased.

She declared her acceptance, pure and simple, of the succession, prayed to be recognized as the .sole…