Barbet v. Roth

Merrick, O. J.

The defendant married the daughter of the plaintiff in 1832. The marriage was dissolved by the death of defendant’s wife in 1858. Prior to her death she executed a will, wherein she made her husband her universal legatee. The testatrix left no decendants, nor brothers or sisters, and her only surviving ascendant is the plaintiff, who has instituted the present suit, to reduce the legacy to the defendant to the disposable portion. Tho District Court reduced the disposable portion to two-thirds of tho estate, and defendant appeals.

The case involves a construction of Article 1841…