Tugwell v. Tugwell
Supreme Court of Louisiana
APPEAL from the Eleventh Judicial District Court, parish of Union. Graham, J. When a married woman dies, leaving at her death an undivided interest in community property in possession oí the surviving husband, and when at her death the community owes no debts, her heirs may sue in the District Court for their share of said community property as soon as the husband enters into a second marriage. 9 L. 580; 12 E. 266 ; 4 O. S. 653; 3 A. 562 ; 5 A. 381-2 ; 6 A. 295. An heir may…
Read the full summary
APPEAL from the Eleventh Judicial District Court, parish of Union. Graham, J. When a married woman dies, leaving at her death an undivided interest in community property in possession oí the surviving husband, and when at her death the community owes no debts, her heirs may sue in the District Court for their share of said community property as soon as the husband enters into a second marriage. 9 L. 580; 12 E. 266 ; 4 O. S. 653; 3 A. 562 ; 5 A. 381-2 ; 6 A. 295. An heir may sue for his share of a succession without making his co-heirs parties to the suit. 4 O. S. 472; 3 L. 134 ; 5 L. 430. In…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The plaintiffs in their petition allege in substance:
That they are the legal heirs of their mother, Mrs. Sarah Tugwell, and the issue of her marriage with Joseph L. Tugwell, defendant in the suit; that their mother died in 1865, and at her death there was property, real and personal, belonging to the community which existed between her and her husband, Joseph Tugwell, who survived her; that their mother brought into the marriage eight hundred dollars, which had been disposed of by her husband; that in October, 1866, J. L. Tug-well contracted a…
2Cases cited3 opinions
- Montgomery Web Co. v. Dienelt, Pennsylvania Court of Common Pleas, Montgomery County1890
- Knight's EstateSupreme Court of Pennsylvania · 1894
- Ackerson v. WasherSupreme Court of New Jersey · 1888
3Cited by22 opinions
- Long v. ChailanSupreme Court of Louisiana · 1937
- Henderson's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1946
- Bossier v. HerwigSupreme Court of Louisiana · 1904
- Succession of RatcliffSupreme Court of Louisiana · 1947
- Ramsey v. BeckSupreme Court of Louisiana · 1922
17 more not listed; retrieve them via the Exa API.